Article 4 - Notice to Correct Violation
California Vehicle Code — §§ 40610-40618
Sections (6)
Amended by Stats. 2021, Ch. 79, Sec. 37. (AB 143) Effective July 16, 2021.
(a)Upon proof of correction of an alleged violation of Section 12500 or 12951, or any violation cited pursuant to Section 40610, or upon submission of evidence of financial responsibility pursuant to subdivision (e) of Section 16028, the clerk shall collect a twenty-five-dollar ($25) transaction fee for each violation. The fees shall be deposited by the clerk in accordance with Section 68084 of the Government Code.
(b)(1) For each citation, ten dollars ($10) shall be allocated monthly as follows:
(A) Thirty-three percent shall be transferred to the local governmental entity in whose jurisdiction the citation was issued for deposit in
the general fund of the entity.
(B) Thirty-four percent shall be transferred to the State Treasury for deposit in the State Penalty Fund established by Section 1464 of the Penal Code.
(C) Thirty-three percent shall be deposited in the county general fund.
(2)The remainder of the fees collected on each citation shall be deposited in the State Court Facilities Construction Fund, established in Section 70371 of the Government Code.
(c)No fee shall be imposed pursuant to this section if the violation notice is processed only by the issuing agency and no record of the action is transmitted to the court.
Added by Stats. 1978, Ch. 1350.
An exact, legible copy of the notice to correct shall be delivered to the alleged violator at the time he or she signs such notice.
Added by Stats. 1978, Ch. 1350.
Any person who signs a notice to correct or a certificate of correction with a false or fictitious name is guilty of a misdemeanor.
Amended by Stats. 2023, Ch. 681, Sec. 27. (AB 1263) Effective January 1, 2024.
Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b)Driver license and registration violations may be certified as
corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
Added by Stats. 1978, Ch. 1350.
Whenever proof of correction of violation is not received by the issuing agency in accordance with Section 40610, the issuing agency may deliver the signed promise to the court having jurisdiction of the violation with a certification that no proof of correction has been received. If prepared on a form approved by the Judicial Council, the promise under Section 40610, together with the certification under this section, shall constitute a complaint to which the defendant may enter a plea, and upon which a warrant may be issued if the complaint is verified.