Section 40502 Of Article 2. Release Upon Promise To Appear From California Vehicle Code >> Division 17. >> Chapter 2. >> Article 2.
40502
. The place specified in the notice to appear shall be any of
the following:
(a) Before a magistrate within the county in which the offense
charged is alleged to have been committed and who has jurisdiction of
the offense and is nearest or most accessible with reference to the
place where the arrest is made.
(b) Upon demand of the person arrested, before a judge or other
magistrate having jurisdiction of the offense at the county seat of
the county in which the offense is alleged to have been committed.
This subdivision applies only if the person arrested resides, or the
person's principal place of employment is located, closer to the
county seat than to the magistrate nearest or most accessible to the
place where the arrest is made.
(c) Before a person authorized to receive a deposit of bail.
The clerk and deputy clerks of the superior court are persons
authorized to receive bail in accordance with a schedule of bail
approved by the judges of that court.
(d) Before the juvenile court, a juvenile court referee, or a
juvenile hearing officer within the county in which the offense
charged is alleged to have been committed, if the person arrested
appears to be under the age of 18 years. The juvenile court shall by
order designate the proper person before whom the appearance is to be
made.
In a county that has implemented the provisions of Section 603.5
of the Welfare and Institutions Code, if the offense alleged to have
been committed by a minor is classified as an infraction under this
code, or is a violation of a local ordinance involving the driving,
parking, or operation of a motor vehicle, the citation shall be
issued as provided in subdivision (a), (b), or (c); provided,
however, that if the citation combines an infraction and a
misdemeanor, the place specified shall be as provided in subdivision
(d).
If the place specified in the notice to appear is within a county
where a department of the superior court is to hold a night session
within a period of not more than 10 days after the arrest, the notice
to appear shall contain, in addition to the above, a statement
notifying the person arrested that the person may appear before a
night session of the court.