Section 40305.5 Of Article 1. Arrests From California Vehicle Code >> Division 17. >> Chapter 2. >> Article 1.
40305.5
. (a) If a nonresident is arrested for violating this code
while driving a commercially registered motor vehicle, excluding
house cars, with an unladen weight of 7,000 pounds or more, and does
not furnish satisfactory evidence of identity and an address within
this state at which he or she can be located, the arresting officer
may, in lieu of the procedures set forth in Section 40305, accept a
guaranteed traffic arrest bail bond certificate, and the nonresident
shall be released from custody upon giving a written promise to
appear as provided in Article 2 (commencing with Section 40500). The
officer may require the arrested person, if he or she has no
satisfactory identification, to place a right thumbprint, or a left
thumbprint or fingerprint if the person has a missing or disfigured
right thumb, on the notice to appear as provided in Article 2
(commencing with Section 45000). Except for law enforcement purposes
relating to the identity of the arrestee, a person or entity shall
not sell, give away, allow the distribution of, include in a
database, or create a database with, this print.
(b) Every guaranteed traffic arrest bail bond certificate shall
contain all of the following information:
(1) The name and address of the surety and of the issuer, if other
than the surety.
(2) The name, address, driver's license number and signature of
the individual covered by the certificate.
(3) The maximum amount guaranteed.
(4) Exclusions from coverage.
(5) A statement that the issuing company guarantees the appearance
of a person to whom a guaranteed traffic arrest bail bond
certificate is issued and, in the event of the failure of the person
to appear in court at the time of trial, the issuing company shall
pay any fine or forfeiture imposed on the person, not to exceed the
amount stated on the certificate.
(6) The expiration date of the certificate.
(c) A guaranteed traffic arrest bail bond certificate may be
issued by a surety admitted in this state. The certificate may also
be issued by an association of motor carriers if all of the following
conditions are met:
(1) The association is incorporated, or authorized to do business,
in this state.
(2) The association is covered by a guaranteed traffic arrest bail
bond issued by a surety admitted in this state.
(3) The association agrees to pay fines or bail assessed against
the guaranteed traffic arrest bail bond certificate.
(4) The surety guarantees payment of fines or bail assessed
against the guaranteed traffic arrest bail bond certificates issued
by the association.
(d) The arresting officer shall file the guaranteed traffic arrest
bail bond certificate with the notice to appear required to be filed
by Section 40506.
(e) A "guaranteed traffic arrest bail bond certificate" is a
document that guarantees the payment of fines or bail assessed
against an individual for violation of this code, except driving
while under the influence of alcohol or drugs, driving without a
license or driving with a suspended or revoked license, operating a
motor vehicle without the permission of the owner, or any violation
punishable as a felony.
(f) A "guaranteed traffic arrest bail bond" is a bond issued by a
surety guaranteeing the obligations of the issuer of guaranteed
traffic arrest bail bond certificates. The bond shall be in the
amount of fifty thousand dollars ($50,000) and shall be filed with
the Secretary of State. Any court in this state may assess against
the surety the amount of covered fines or bail that the issuer of a
guaranteed traffic arrest bail bond certificate fails to pay.
(g) (1) A person contesting a charge by claiming under penalty of
perjury not to be the person issued the notice to appear may choose
to submit a right thumbprint, or a left thumbprint if the person has
a missing or disfigured right thumb, to the issuing court through his
or her local law enforcement agency for comparison with the one
placed on the notice to appear. A local law enforcement agency
providing this service may charge the requester no more than the
actual costs. The issuing court may refer the thumbprint submitted
and the notice to appear to the prosecuting attorney for comparison
of the thumbprints. If there is no thumbprint or fingerprint on the
notice to appear or the comparison of thumbprints is inconclusive,
the court shall refer the notice to appear or copy of the notice to
appear back to the issuing agency for further investigation, unless
the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by
referral of the court, the court shall continue the case and the
speedy trial period shall be tolled for 45 days.
(3) Upon receipt of the issuing agency's or prosecuting attorney's
response, the court may make a finding of factual innocence pursuant
to Section 530.6 of the Penal Code if the court determines that
there is insufficient evidence that the person cited is the person
charged and shall immediately notify the Department of Motor Vehicles
of its determination. If the Department of Motor Vehicles determines
the citation or citations in question formed the basis of a
suspension or revocation of the person's driving privilege, the
department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond
to a court referral within 45 days, the court shall make a finding
of factual innocence pursuant to Section 530.6 of the Penal Code,
unless the court determines that a finding of factual innocence is
not in the interest of justice.
(5) The citation or notice to appear may be held by the
prosecuting attorney or issuing agency for future adjudication should
the arrestee who received the citation or notice to appear be found.