Section 40600 Of Article 3. Notice Of Violation From California Vehicle Code >> Division 17. >> Chapter 2. >> Article 3.
40600
. (a) Notwithstanding any other provision of law, a peace
officer who has successfully completed a course or courses of
instruction, approved by the Commission on Peace Officer Standards
and Training, in the investigation of traffic accidents may prepare,
in triplicate, on a form approved by the Judicial Council, a written
notice to appear when the peace officer has reasonable cause to
believe that any person involved in a traffic accident has violated a
provision of this code not declared to be a felony or a local
ordinance and the violation was a factor in the occurrence of the
traffic accident.
(b) A notice to appear shall contain the name and address of the
person, the license number of the person's vehicle, if any, the name
and address, when available, of the registered owner or lessee of the
vehicle, the offense charged, and the time and place when and where
the person may appear in court or before a person authorized to
receive a deposit of bail. The time specified shall be at least 10
days after the notice to appear is delivered.
(c) The preparation and delivery of a notice to appear pursuant to
this section is not an arrest.
(d) For purposes of this article, a peace officer has reasonable
cause to issue a written notice to appear if, as a result of the
officer's investigation, the officer has evidence, either testimonial
or real, or a combination of testimonial and real, that would be
sufficient to issue a written notice to appear if the officer had
personally witnessed the events investigated.
(e) As used in this section, "peace officer" means any person
specified under Section 830.1 or 830.2 of the Penal Code, or any
reserve police officer or reserve deputy sheriff listed in Section
830.6 of the Penal Code, with the exception of members of the
California National Guard.
(f) A written notice to appear prepared on a form approved by the
Judicial Council and issued pursuant to this section shall be
accepted by any court.