Section 40512.5 Of Article 2. Release Upon Promise To Appear From California Vehicle Code >> Division 17. >> Chapter 2. >> Article 2.
40512.5
. (a) Except as specified in subdivision (b), if at the time
the case is called for trial the defendant does not appear, either
in person or by counsel, and has not requested in writing that the
trial proceed in his or her absence, the court may declare the bail
forfeited and may, in its discretion, order that no further
proceedings be had in the case, or the court may act pursuant to
Section 1043 of the Penal Code. However, if the defendant has been
charged with a violation of Section 23111 or 23112, or subdivision
(a) of Section 23113, and he or she has been previously convicted of
a violation of the same section, the court may declare the bail
forfeited, but shall issue a bench warrant for the arrest of the
person charged, except if the magistrate finds that undue hardship
will be imposed upon the defendant by requiring him or her to appear,
the magistrate may declare the bail forfeited and order that no
further proceedings shall be had in the case.
(b) If the defendant has posted surety bail and the magistrate has
ordered the bail forfeited and that no further proceedings shall be
had in the case, the bail retains the right to obtain relief from the
forfeiture as provided in Section 1305 of the Penal Code if the
amount of the bond, money, or property deposited exceeds seven
hundred dollars ($700).