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Excerpt: NOTICE TO APPEAR AND RELATED FORMS Revised Effective April 24, 2009 JUDICIAL COUNCIL OF CALIFORNIA Administrative Office of the Courts 455 Golden Gate Avenue San Francisco, California 94102-3688 American LegalNet, Inc. www.FormsWorkflow.com _____________________________________________________________ ACKNOWLEDGMENTS The Administrative Office of the
NOTICE TO APPEAR AND RELATED FORMS Revised Effective April 24, 2009

JUDICIAL COUNCIL OF CALIFORNIA Administrative Office of the Courts 455 Golden Gate Avenue San Francisco, California 94102-3688

American LegalNet, Inc. www.FormsWorkflow.com

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ACKNOWLEDGMENTS The Administrative Office of the Courts gratefully acknowledges the contributions and cooperation of those representatives from the judicial community, law enforcement agencies, and special interest groups who made this manual possible.

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_____________________________________________________________ TABLE OF CONTENTS

CHAPTER 1 PURPOSE OF FORMS ........................................................................................................... 1 1.000. 1.010. 1.020. 1.030. 1.040. 1.050. DEFINITIONS........................................................................................................................................... 1 IN GENERAL ........................................................................................................................................... 1 NOTICE TO APPEAR ................................................................................................................................ 1 CONTINUATION FORM ............................................................................................................................ 1 ELECTRONIC NOTICE TO APPEAR ........................................................................................................... 2 NOTICE OF CORRECTION AND PROOF OF SERVICE .................................................................................. 2

CHAPTER 2 AUTHORITY TO PRESCRIBE FORMAT .......................................................................... 2 2.010. JUDICIAL COUNCIL ................................................................................................................................. 2 CHAPTER 3 REVISION DATE .................................................................................................................... 3 3.010. JUDICIAL COUNCIL ................................................................................................................................. 3 CHAPTER 4 FORM SPECIFICATIONS..................................................................................................... 3 4.010. 4.020. 4.030. 4.040. 4.050. 4.060. REQUIRED COPIES .................................................................................................................................. 3 SIZE AND COLOR .................................................................................................................................... 3 PAPER STOCK ......................................................................................................................................... 4 SERIAL NUMBERS ................................................................................................................................... 4 PRINTING FORMAT ................................................................................................................................. 4 PRINTING EXPENSES ............................................................................................................................... 4

CHAPTER 5 VARIATIONS OF MANDATORY LANGUAGE/DATA FIELDS .................................... 4 5.000. IN GENERAL ........................................................................................................................................... 4 5.010. PERMITTED VARIATIONS ........................................................................................................................ 4 CHAPTER 6 MANDATORY LANGUAGE/DATA FIELDS .................................................................... 5 6.000. 6.010. 6.020. 6.030. 6.040. 6.050. 6.060. 6.070. 6.071. 6.080. 6.090. 6.100. 6.110. 6.120. 6.130. 6.140. 6.150. 6.160. 6.170. 6.180. 6.190. 6.200. 6.210. 6.220. IN GENERAL ........................................................................................................................................... 5 AGENCY NAME ...................................................................................................................................... 5 TITLE OF FORM....................................................................................................................................... 5 SERIAL NUMBER .................................................................................................................................... 5 MISDEMEANOR CHECK BOX................................................................................................................... 6 DATE AND TIME ..................................................................................................................................... 6 DEFENDANT'S NAME.............................................................................................................................. 6 DEFENDANT'S ADDRESS ........................................................................................................................ 6 DEFENDANT'S CLASS AND CATEGORY OF DRIVER'S LICENSE ............................................................... 7 DEFENDANT'S AGE AND BIRTH DATE ................................................................................................... 7 DEFENDANT'S PHYSICAL DESCRIPTION.................................................................................................. 7 COMMERCIAL VEHICLE .......................................................................................................................... 7 HAZARDOUS MATERIAL ......................................................................................................................... 7 VEHICLE DESCRIPTION .......................................................................................................................... 7 FINANCIAL RESPONSIBILITY ................................................................................................................... 7 NAME OF REGISTERED OWNER/LESSEE .................................................................................................. 8 ADDRESS OF THE REGISTERED OWNER/LESSEE...................................................................................... 8 CORRECTABLE VIOLATION ADVISEMENT AND CHECK BOXES ............................................................... 8 BOOKING REQUIRED .............................................................................................................................. 8 VIOLATIONS ........................................................................................................................................... 8 SPEED ..................................................................................................................................................... 8 LOCATION OF VIOLATION....................................................................................................................... 9 OFFICER'S DECLARATION ON INFORMATION AND BELIEF ...................................................................... 9 OFFICER'S DECLARATION UNDER PENALTY OF PERJURY ....................................................................... 9

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6.230. 6.231. 6.240. 6.250. 6.260. 6.270. 6.280. OTHER OFFICER ..................................................................................................................................... 9 DECLARANT-AUTOMATED TRAFFIC ENFORCEMENT SYSTEM CITATIONS .............................................. 9 DEFENDANT'S SIGNATURE ..................................................................................................................... 9 TIME TO APPEAR .................................................................................................................................. 10 PLACE TO APPEAR ................................................................................................................................ 10 NIGHT COURT ...................................................................................................................................... 10 LEGEND ................................................................................................................................................ 10

CHAPTER 7 DISCRETIONARY LANGUAGE/DATA FIELDS ............................................................ 11 7.000. 7.010. 7.020. 7.030. IN GENERAL ......................................................................................................................................... 11 BAIL STATEMENT ................................................................................................................................. 11 DEFENDANT'S RACE/ETHNICITY .......................................................................................................... 11 DEFENDANT'S THUMBPRINT ................................................................................................................ 11

CHAPTER 8 PROHIBITED LANGUAGE/DATA FIELDS..................................................................... 12 8.010. DEFENDANT'S SOCIAL SECURITY NUMBER ........................................................................................... 12 APPENDIXES OF COUNCIL FORMS Appendix A Notice of Correction and Proof of Service, Form TR-100.......................................................A Appendix B Continuation of Notice to Appear, Form TR-106.....................................................................B Appendix C Continuation of Citation, Form TR-108...................................................................................C Appendix D Automated Traffic Enforcement System Notice to Appear, Form TR-115 .............................. D Appendix E Nontraffic Notice to Appear, Form TR-120..............................................................................E Appendix F Traffic/Nontraffic Notice to Appear, Form TR-130 ................................................................F

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Chapter 1 PURPOSE OF FORMS

1.000. Definitions For the purposes of these instructions the following words are synonymous: (a) Notice to Appear, citation; (b) violation, offense, allegation, charges; (c) defendant, violator, person, individual, citee, driver; (d) court, court of jurisdiction; (e) officer, arresting officer, citing officer, issuing officer. 1.010. In General Notice to Appear forms are designed to meet statutory requirements and, to the extent possible, address the procedural requirements of local courts and law enforcement agencies. Notices to Appear should provide the defendant with pertinent information regarding the charges and what steps the defendant must take to answer the allegations. The uniform language and data fields assist law enforcement and the courts in the timely and accurate processing of the citation information. The design also ensures statewide conformity of advisements important to the defendant and that those advisements are clear and explicit. 1.020. Notice to Appear a) Whenever a person is arrested for any violation declared to be an infraction or misdemeanor, or for a violation of any city or county ordinance, and the person is not immediately taken before a magistrate, the arresting officer must prepare a Notice to Appear form.1 b) When the Notice to Appear is prepared on a form approved by the Judicial Council it constitutes a complaint to which the defendant may enter a plea.2 1.030. Continuation Form a) The Continuation of Notice to Appear or Continuation of Citation form must be used when multiple offenses are charged and the Notice to Appear form does not provide sufficient space for the listing of all the charges. A Continuation of Citation is a multipurpose form intended for use with either a Notice to Appear form or a Notice to Correct Violation form. b) A second Notice to Appear must not be issued in lieu of a continuation form. c) The Notice to Appear and the corresponding continuation form must be treated as one law enforcement document and contain the same citation number.

1 2

Per Veh. Code, § 40500(a) and Pen. Code, § 853.6. Per Veh. Code, § 40513(b) and Pen. Code, § 853.9.

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_____________________________________________________________ 1.040. Electronic Notice to Appear a) The electronic Notice to Appear eliminates those citation-processing problems caused by the illegibility of handwritten information. The use of an electronic Notice to Appear also reduces the amount of information that must be entered into law enforcement and court computer systems. b) A court is authorized to receive and file a Notice to Appear in an electronic form if all of the following conditions are met:3 1) 2) 3) 4) The information is on a form approved by the Judicial Council. The Notice to Appear is transmitted to the court by a law enforcement agency. The court has the facility to electronically store the information for the statutory period of record retention. The court has the ability to reproduce the Notice to Appear in physical form upon the demand and payment of the reproduction costs.

1.050. Notice of Correction and Proof of Service Form TR-100, Notice of Correction and Proof of Service, must be used for any corrections to the original Notice to Appear citation.4 (See Appendix A.)

Chapter 2 AUTHORITY TO PRESCRIBE FORMAT
2.010. Judicial Council a) The Judicial Council has adopted three forms for the Notice to Appear: 1) Form TR-115, Automated Traffic Enforcement System Notice to Appear,5 to be used in conjunction with violations of sections 22451, 21453, and 22101 recorded by an automated traffic enforcement system. (See Appendix D.) Form TR-120, Nontraffic Notice to Appear,6 to be used for violations other than traffic offenses. (See Appendix E.) Form TR-130, Traffic/Nontraffic Notice to Appear,7 to be used for both infraction and misdemeanor offenses. (See Appendix F.) The electronic Notice to Appear8 emulates the format of the Traffic/Nontraffic Notice to Appear. A computer-generated paper citation is issued to the defendant at the time of arrest.

2) 3)

3 4

Per Pen. Code, § 959.1. Per Veh. Code, § 40505. 5 Per Veh. Code, § 40518. 6 Per Pen. Code, § 853.9. 7 Per Veh. Code, §§ 40500(b), 40513(b), 40522, and Pen. Code, § 853.9. 8 Per Pen. Code, § 959.1.

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_____________________________________________________________ b) Form TR-106, Continuation of Notice to Appear, and form TR-108, Continuation of Citation, are intended for use in conjunction with Nontraffic and Traffic/Nontraffic Notice to Appear forms. (See Appendix B.) c) The Judicial Council has not adopted a form for, nor established guidelines governing, the following: (1) parking citations, (2) arrest/booking reports, and (3) court bail courtesy notices.

Chapter 3 REVISION DATES
3.010. Judicial Council a) Periodically, the Judicial Council will adopt revisions of Notice to Appear forms. Law enforcement must use the revised Notice to Appear form by the effective date of the revised form adopted by the Judicial Council. (See section 6.030 for exception.) Depending on changes in statutory requirements, effective dates are established to allow law enforcement as much time as possible to deplete any existing supplies of the old form, print and disseminate new forms, and, if necessary, develop new procedures and train personnel regarding the revisions. b) The council adopted revised forms TR-115, TR-120, and TR-130, effective September 20, 2005. The council adopted forms TR-100, TR-106, and TR-108 with an effective date of January 1, 2004.

Chapter 4 FORM SPECIFICATIONS
4.010. Required Copies The arresting officer must prepare the Notice to Appear form, at a minimum, in triplicate for Vehicle Code violations9 and in duplicate for all other violations.10 Before printing Notice to Appear forms, law enforcement agencies should contact their local court to determine if there are any local requirements for the court's case management system. 4.020. Size and Color The size and color of Notice to Appear copies should conform with the requirements of the courts in which they are filed. The Judicial Council recommends the following minimum size and other form specifications: a) A "trim" size of 4 1/4 inches wide and 7 1/2 inches long; 5/8-inch tabs on the top or bottom of the form. b) Original (Court's copy) white, 15-pound paper stock. Print head-to-head. c) Duplicate (Police agency's copy) pink, 15-pound paper stock. No printing on reverse. d) Triplicate (Officer's copy) green, 15-pound paper stock. Print reverse head-to-head.
9

10

Per Veh. Code, § 40500(a). Per Pen. Code, § 853.6.

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_____________________________________________________________ e) Quadruplicate (Defendant's copy) yellow, 20-pound paper stock. Print reverse headto-head. f) The colors of the "Court's copy" and "Police agency's copy" correspond with rule 1:3-1 of the "Model Rules Governing Procedure in Traffic Cases" adopted by the National Conference of Commissioners on Uniform State Laws. 4.030. Paper Stock Paper stock for hand-written citations must be pressure sensitive and have a shelf life of at least five years. The citation text must be reproducible on photocopy equipment. 4.040. Serial Numbers a) The serial numbers of the form sets must be sequential. There must be no "duplication" of numbers between form sets. b) The format of the serial numbers is at the discretion of local law enforcement with the approval of the court. 4.050. Printing Format a) A vertical format is required, except for the Proof of Service on form TR-100, which is printed horizontally to facilitate mailing. b) All text on the forms must be printed in black ink. All text on citation forms TR-115, TR-120, and TR-130 must have a minimum font size of 6.0. Serial numbers may be printed in red ink. The box for the defendant's signature may be printed in red ink. 4.060. Printing Expenses The printing of the forms and the associated costs are not the responsibility of the Judicial Council; printing is to be arranged in accordance with local custom.

Chapter 5 VARIATIONS OF MANDATORY LANGUAGE/DATA FIELDS
5.000. In General Mandatory language and data fields are indicated on examples of Judicial Council­ adopted forms by unshaded areas; see section 5.010 for exceptions. 5.010. Permitted Variations a) To meet the unique customs and/or needs of local law enforcement agencies and courts, the Judicial Council form permits limited variations in the "time," "place," and "proof of correction certification" data fields, among others. To indicate that variations may be permitted, these data fields are identified by shaded areas. Shading should not appear on printed forms. 4

_____________________________________________________________ b) The California Highway Patrol is permitted to alter the format and location of the fields for the name of the court, court address, and phone number and to add a field for the location of a CHP Inspection Facility on the face of a form TR-130, Traffic/Nontraffic Notice to Appear for their form CHP-215X. c) Formatting for the bracketed information that is required in the "Where" field on notice to appear forms may be modified to include information for multiple court locations.

Chapter 6 MANDATORY LANGUAGE/DATA FIELDS
6.000. In General The mandatory language and data fields vary between the various Notice to Appear forms depending on the purpose of the form. All language and data fields in unshaded areas on the forms are mandatory, even if not discussed below. Mandatory text or data fields of the forms may not be re-worded or omitted, except for references to statutory authorities, which may be abbreviated differently. Electronic Notice to Appear forms may abbreviate terms and have minor alterations to formatting to facilitate printing of forms. Law enforcement agencies should be aware that if a written Notice to Appear is not prepared on an approved council form, a court may conclude that it does not constitute a complaint to which a defendant may enter a plea. (Veh. Code, § 40513(b).) If a defendant pleads other than "guilty" or "nolo contendere" and the court concludes that the Notice to Appear is defective, it could be necessary to re-file the charges by a formal complaint. (Veh. Code, § 40513(a).) 6.010. Agency Name The name of the citing agency and jurisdiction must appear near the top of the form. 6.020. Title of Form The title of the form must be printed near the top of the form. 6.030. Serial Number a) A sequential serial number for each multipart set of Notice to Appear forms must appear horizontally near the top right corner of each form. b) To facilitate the filing systems of some courts, statewide law enforcement agencies must also print the serial number in the lower right margin of the court's copy. Statewide law enforcement agencies must comply with this requirement as specified in section 3.010. Local law enforcement agencies must comply with the requirement for the duplication of the serial number in the right margin within one calendar year of a request from a local court. c) The serial number may be preprinted on the Notice to Appear. d) The serial number on the continuation form must be the same as that on the corresponding Notice to Appear; the duplication of the serial number in the right margin is not required. 5

_____________________________________________________________ e) Bar coding of the serial number permits those courts with bar code readers to improve the timeliness and accuracy of processing Notice to Appear forms. Within the following parameters, the bar coding of the serial number must be placed on the face of the court's copy of the Notice to Appear form: 1. The bar code must appear as near as practical to the bottom of the form. 2. The bar code should have a 1/4-inch area (quiet zone) that is clear and free of all printing preceding the start character and the following stop character. 3. Statewide law enforcement agencies must comply with the bar code requirement as specified in section 3.010. 4. Local law enforcement agencies must comply with the bar code requirement within one calendar year of a request from a local court. 6.040. Misdemeanor Check Box To facilitate processing, the citing officer must check the misdemeanor box at the top of the Notice to Appear if one of the offenses charged is a misdemeanor. The misdemeanor check box does not appear on the automated traffic enforcement system notice. 6.050. Date and Time a) The date and time of the issuance of the Notice to Appear must be indicated near the top of the form. b) The "Date of Violation" data field must be: Mo./Day/Yr. c) A check box "A.M./P.M." format is provided as an optional field to indicate the time. Indicating the time in the form of "A.M./P.M." is more easily understood by most defendants than the use of the 24 hour clock (military time). 6.060. Defendant's Name a) The defendant's name is required on the Notice to Appear.11 b) The sequence of the defendant's name must be First/Middle/Last. This sequence corresponds with the California Driver License/Identification Card. 6.070. Defendant's Address a) The defendant's address must be indicated on the Notice to Appear.12 b) The address must be the defendant's mailing address. The mailing address allows the court to mail a courtesy notice and/or other correspondence to the defendant. c) A street address may also be indicated in addition to the mailing address.

11 12

Per Veh. Code, §§ 40500(a), 40518(b) and Pen. Code, § 853.6. Per Veh. Code, §§ 40500(a), 40518(b) and Pen. Code, § 853.6.

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6.071. Defendant's Class and Category of Driver's License a) The defendant's class of driver's license may be specified on the Notice to Appear. b) Notice to Appear forms TR-115 and TR-130 must specify whether the defendant's driver's license is a commercial driver's license. 6.080. Defendant's Age and Birth Date a) The defendant's age and birth date is required on the Notice to Appear. The sequence of the birth date must be: Mo./Day/Yr. b) The birth date data field is designed to accept a numerical entry. 6.090. Defendant's Physical Description a) The defendant's sex, hair, color of eyes, height, and weight are required on the Notice to Appear. See section 8.020 for the policy regarding the defendant's race/ethnicity. b) Data fields for the recording of the defendant's physical description are designed to accept the standard abbreviations of physical descriptors. 6.100. Commercial Vehicle If the vehicle involved in an offense when a notice to appear is issued is a commercial vehicle,13 the citing officer must mark the check box within the data field, "COMMERCIAL VEHICLE (Veh. Code, § 15210(b))." 6.110. Hazardous Material If the vehicle involved in an offense when a notice to appear is issued was transporting hazardous material, the citing officer must mark the check box within the data field, "HAZARDOUS MATERIAL (Veh. Code, § 353)". 6.120 Vehicle Description The year, make, and body style of the vehicle operated by the defendant at the time of the offense must be indicated on the Notice to Appear.14 6.130. Financial Responsibility The officer must write the driver's evidence of financial responsibility on the Notice to Appear.15 A person issued a Notice to Appear for a violation of this section may submit to the clerk of the court, in person or by mail, written evidence that the driver was in compliance with this section at the time of the citation.
13

Commercial vehicle is defined in Veh. Code, § 15210(b). The requirement to indicate if offense involves a motor vehicle is per Veh. Code, § 40300.2. 14 Per Veh. Code, § 40500(a). 15 Per Veh. Code, § 16028.

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_____________________________________________________________ 6.140. Name of Registered Owner/Lessee a) The Notice to Appear must contain the name of the registered owner or lessee.16 b) The name must be indicated on the Notice to Appear in the following sequence: First/Middle/Last. 6.150. Address of the Registered Owner/Lessee a) The address of the registered Owner/Lessee must be indicated on the Notice to Appear.17 b) The address must be the registered owner's mailing address. 6.160. Correctable Violation Advisement and Check Boxes a) Whenever a person is arrested for violations specified in Vehicle Code section 40303.5 and none of the disqualifying conditions set forth in Vehicle Code section 40610(b) exist, and the officer issues a Notice to Appear, the notice must specify the offense charged and note in a form approved by the Judicial Council that the charge will be dismissed upon proof of correction.18 b) For offenses identified in Vehicle Code section 40303.5 the citing officer must indicate by marking the appropriate check box whether or not the offense is eligible for dismissal upon proof of timely correction. Marking the "no" box denotes that disqualifying conditions specified in Vehicle Code section 40610(b) exist. c) The correctable violation advisement and the check boxes do not appear on the Automated Traffic Enforcement System notice. 6.170. Booking Required The officer may either book the arrested person prior to release, or indicate on the Notice to Appear that the arrested person must be booked before appearing in court.19 If the "Booking Required" check box is checked on form TR-120 or TR-130, the arresting agency must complete the verification of booking section on the defendant's copy of the form. The "booking required" check box does not appear on the Automated Traffic Enforcement System notice. 6.180. Violations The Notice to Appear must state the offenses charged.20 6.190. Speed A Notice to Appear charging a speeding violation must specify the approximate speed, prima facie or maximum speed, and any other speed limit exceeded.21
16 17

Per Veh. Code, § 40500(a). Per Veh. Code, § 40500(a). 18 Per Veh. Code, § 40522. 19 Per Pen. Code, § 853.6. 20 Per Veh. Code, § 40500(a) and Pen. Code, § 853.6. 21 Per Veh. Code, § 40503.

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_____________________________________________________________ a) The "safe speed" box is provided so that the officer can indicate a speed different from the maximum or prima facie (posted) speed when the Notice to Appear is prepared charging a violation of the basic speed law (Veh. Code, § 22350). Conditions affecting the safe speed limit should be noted on the Notice to Appear (e.g., fog, rain, etc.). b) When a speed violation is charged, both the approximate speed and the prima facie speed applicable to the street or highway should be indicated. c) Entry of the maximum speed limit pertaining to the particular type of vehicle, or combination of vehicles, is only required if the defendant is cited for exceeding the speed limit for that vehicle. 6.200. Location of Violation The Notice to Appear must state the location of where the offenses charged occurred. 6.210. Officer's Declaration on Information and Belief The officer must indicate on the Notice to Appear (check box) when the offense was not committed in his/her presence and that his/her declaration is on information and belief. A citizen's complaint is an example of a situation that may result in the officer's checking the box. The declaration is separate and distinct from the officer's declaration under penalty of perjury discussed in section 6.220. 6.220. Officer's Declaration under Penalty of Perjury The Notice to Appear must contain the officer's declaration, under penalty of perjury, subscribed by the officer, that the information regarding the violations is true and correct.22 6.230. Other Officer The name of the arresting officer, if different from the name of the officer completing the Notice to Appear, must be stated on the Notice to Appear. This policy was adopted to address situations in which there are teams of officers working radar enforcement or aerial patrol. This option is not available on the Automated Traffic Enforcement System Notice to Appear. (See section 6.231.) 6.231. Declarant-Automated Traffic Enforcement System Citations The name of the government agency or law enforcement representative making the declaration, "Violation was not committed in my presence. The above is declared on information and belief and is based on photographic evidence," must be stated on the Automated Traffic Enforcement System Notice to Appear. 6.240. Defendant's Signature To secure release from arrest, the defendant must give his/her written promise to appear.23 This option does not apply to citations issued for violations recorded by an Automated Traffic Enforcement System Notice to Appear.

22 23

Per Code Civ. Proc., § 2015.5. Per Veh. Code, § 40504 and Pen. Code, § 853.6.

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6.250. Time to Appear a) The time specified in a Notice to Appear issued for a traffic offense must be a specific date which is at least 21 days after arrest; the court having jurisdiction over the offense charged may authorize the arresting officer to specify on the Notice to Appear that the appearance may be made before the time specified.24 b) When a Notice to Appear has been issued for a violation recorded by an automated traffic enforcement system, it must be mailed within 15 days of the violation date to the current address of the registered owner of the vehicle on file with the Department of Motor Vehicles, with a certificate of mailing obtained as evidence of service.25 The time to appear must be at least ten days after the Notice to Appear is delivered.26 c) The time to appear placed on the Nontraffic Notice to Appear or on a Traffic/Nontraffic Notice to Appear for a nontraffic offense must be at least 10 days after the date of arrest for a nontraffic violation. (Pen. Code, § 853.6.) d) In the case of juveniles, the court having jurisdiction over the offense charged may require the arresting officer to indicate on the Notice to Appear "to be notified" rather than a specific date.27 6.260. Place to Appear The place specified on the Notice to Appear must be one of the following: a) Before a magistrate or judge.28 b) Before a person authorized to receive a deposit of bail.29 c) Before the juvenile court, juvenile court referee, or juvenile hearing officer.30 6.270. Night Court If the court identified in the Notice to Appear holds night sessions, the notice must include a statement advising the defendant.31 6.280. Legend The lower left corner of the Notice to Appear forms must denote that the form is a Judicial Council form and specify the council's form number. On electronic Notice to Appear forms, the approval legend may appear near the top of the form.

24 25

Per Veh. Code, § 40501(a). Per Veh. Code, § 40518(a). 26 Per Veh. Code, § 40518(b). 27 Per Veh. Code, § 40501(b). 28 Per Veh. Code, § 40502(a)­(b) and Pen. Code, § 853.6. 29 Per Veh. Code, § 40502(c) and Pen. Code, § 853.6. 30 Per Veh. Code, § 40502(d). 31 Per Veh. Code, § 40502(d).

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Chapter 7 DISCRETIONARY LANGUAGE/DATA FIELDS
7.000. In General The discretionary (shaded) areas on the forms (see Appendix) depict language and data fields that are frequently included at the option of the court or law enforcement agency (with the consent of the court in which the Notice to Appear is to be filed). Because of limited space, not all of the discretionary language and data fields used throughout the state can be shown on the sample forms. The following are narrative descriptions of several discretionary data fields. 7.010. Bail Statement If the offense is bailable, the magistrate must fix the amount of bail and endorse the following statement on the warrant for arrest.35 BAIL: The defendant is to be admitted to bail in the sum of Judge Note: The mandatory requirement that the above statement appear on the reverse of the court's copy disrupts the processing of Notice to Appear forms in those automated courts` that use the space for cash register validations, automated traffic system notations, and notes of court proceedings. These courts use a separate form when issuing a warrant for arrest. For those reasons, the warrant for arrest statement is now discretionary. 7.020. Defendant's Race/Ethnicity a) A specific data field for the defendant's "Race" or "Ethnicity" may be added to the Notice to Appear form. The data field should be located on the same line as other physical descriptors. b) The defendant's "Race" or "Ethnicity" may be indicated in the "Other Description" data field. c) If the defendant's "Race" or "Ethnicity" is to be indicated, the Judicial Council recommends the use of a single alpha character. Reference: California Department of Justice's Arrest and Disposition Instruction Manual. 7.030. Defendant's Thumbprint a) The defendant's thumbprint may be placed on the Notice to Appear in situations in which there is a question in the citing officer's mind as to the true identity of the defendant. The court will then have the option of comparing thumbprints in those cases where the defendant alleges that another person has committed the cited offense.33
32 33

dollars.

Per Pen. Code, § 815(a). Per Veh. Code, § 40500(a) and Pen. Code, § 853.6.

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_____________________________________________________________ b) The Judicial Council recommends that the thumbprint be placed in a one-inch square area located on the reverse of the court's copy in the lower left corner. c) The thumbprint item does not appear on the Automated Traffic Enforcement System Notice to Appear.

Chapter 8 PROHIBITED LANGUAGE/DATA FIELDS
8.010. Defendant's Social Security Number The defendant's social security number must not be indicated on the Notice to Appear, unless the social security number is also the driver license number and/or the defendant holds a commercial driver license. To protect an individual's civil rights, federal statutes allow a very restricted compulsory use of a person's social security number for the purpose of establishing identity.34 Federal statutes do permit an agency having administrative responsibility for driver license and motor vehicle registration laws to use a person's social security number to establish that person's identity as it relates to the laws within the agency's jurisdiction.35 The California Department of Motor Vehicles requires an individual to disclose his or her social security number in order to obtain a driver license or identification card.36 A number of other states use the individual's social security number as the driver license number.

34 35

Per Public Law 93-579, § 7. Per 42 USC § 405, (c)(2)(c)(i)­(iv). 36 Per Veh. Code, §§ 1653.5 and 12801.

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__________________________________________________________ APPENDIXES OF COUNCIL FORMS Appendix A Notice of Correction and Proof of Service, Form TR-100 1

A

13

On (date): , I served this Notice of Correction on the parties at the address listed below by depositing it in a sealed envelope, postage prepaid, with the United States Postal Service at (city and state):

I am at least 18 years of age, not a party to this action, and I am a resident of or employed in the county where

Original to Court

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

the mailing took place. My business address is:

NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: TELEPHONE:

PEOPLE OF THE STATE OF CALIFORNIA vs.

Defendant's Address:

DEFENDANT:

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NOTICE OF CORRECTION AND PROOF OF SERVICE (Vehicle Code, § 40505)
AMENDING OFFICER NAME/ID NO.: DEPARTMENT/AGENCY:

(Type or print name)

CITATION NUMBER:

CASE NUMBER:

1. A Notice to Appear/Notice to Correct Violation was issued to you by an officer of this department on (date): 2. The citation issued to you contained an error as indicated by the items checked below. This notice of correction does not affect the validity of the citation or the required court appearance. Date/time of violation should be Date/time of court appearance should be changed from to Violation section(s) should be changed from to Location of violation should be changed from Other (specify): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(Signature of officer) Form Adopted for Mandatory Use Judicial Council of California TR-100 [Rev. January 1, 2004]

______________________________________

(SIGNATURE)

to

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Appendix B Continuation of Notice to Appear, Form TR-106

B

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CONTINUATION OF NOTICE TO APPEAR
(Face of Violator's Copy)

(Name of Agency and Jurisdiction) CONTINUATION OF NOTICE TO APPEAR
Date
1. 2.

Traffic

MISDEMEANOR Nontraffic Day of Week

(Citation No.) Case No.

Time

/

/

AM PM

SMTWTFS
State

Name (First, Middle, Last) Veh. Lic. No. or VIN
3.

Correctable Violation (Veh. Code, § 40610) Misdemeanor or Yes
4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

No

Code and Section

Description

Infraction (Circle) M M M M M M M M M M M M M M M M M I I I I I I I I I I I I I I I I I

21.

Violations not committed in my presence, declared on information and belief.

I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct, and a continuation of the enforcement document noted.
22.

Arresting or Citing Officer
23.

Serial No.

/ Date

/ Name of Arresting Officer, if different from Citing Officer Serial No.

24.

WITHOUT ADMITTING GUILT, I PROMISE TO APPEAR AT THE TIME AND PLACE INDICATED. X Signature SEE REVERSE TR-106

Judicial Council of California Form Rev. 01-01-04 (Veh. Code, §§ 40500(b), 40513(b), 40522, 40600; Pen. Code, § 853.9)

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

16

CONTINUATION OF NOTICE TO APPEAR
(REVERSE OF VIOLATOR'S COPY)

IMPORTANT -- READ CAREFULLY
This form is used when multiple offenses are charged and the original notice to appear form does not provide sufficient space for the listing of all the charges. PLEASE REFER TO THE REVERSE OF THE ORIGINAL NOTICE TO APPEAR FOR IMPORTANT INFORMATION REGARDING YOUR LEGAL OBLIGATIONS. CORRECTABLE VIOLATIONS: Those driver license, vehicle registration, and mechanical violations cited in accordance with Vehicle Code section 40610(a) will be dismissed by the court if PROOF OF CORRECTION and payment of a transaction fee are presented to the court by mail or in person on or before the appearance date. Violations of Vehicle Code section 16028 (automobile insurance) will be dismissed upon your showing to the court that evidence of financial responsibility was valid at the time this citation was issued. Proof of correction should be obtained for driver license, registration, and equipment violations. CORRECT EQUIPMENT VIOLATIONS IMMEDIATELY. METHODS FOR OBTAINING CERTIFICATION OF CORRECTION (Veh. Code, § 40616): 1. Pollution control device violations must be certified by a smog check station licensed by the California Bureau of Automobile Repair. 2. Lamp, brakes, and exhaust system violations may be certified as corrected by an authorized inspection and installation station for the specific violation(s). 3. Registration and driver license violations may also be certified as corrected by an office of the Department of Motor Vehicles or by any clerk or deputy clerk of a court. 4. Proof of correction, except for violations that must be cleared at a certified inspection and installation station, may be obtained at ____________________________________ (fill in location) during regular business hours. CERTIFICATE OF CORRECTION (MUST BE RETURNED TO COURT) Signature of Person Certifying Correction Serial No. Agency

Section(s) Violated

Date

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

17

CONTINUATION OF NOTICE TO APEAR
(Reverse of Court Copy)

(Circle one) RIGHT or LEFT THUMB PRINT

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

18

__________________________________________________________

Appendix C Continuation of Citation, Form TR-108

C

19

CONTINUATION OF CITATION
(Face of Violator's Copy)

(Name of Agency and Jurisdiction) CONTINUATION NOTICE TO APPEAR NOTICE TO CORRECT VIOLATION OF CITATION Date of Violation Time

MISDEMEANOR Traffic Nontraffic (Citation No.) Day of Week S M T W T F S Case No.

/

/

AM PM

Name (First, Middle, Last) Veh. Lic. No. or VIN Correctable Violation (Veh. Code, § 40610) Yes No Code and Section Description Misdemeanor or Infraction (Circle) State

M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________ M I _______________________________________________________________________

Violations not committed in my presence, declared on information and belief.

I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct, and a continuation of the enforcement document noted.

Arresting or Citing Officer

Serial No. Serial No.

/
Date

/
Name of Arresting Officer, if different from Citing Officer

WITHOUT ADMITTING GUILT, I PROMISE TO APPEAR AT THE TIME AND PLACE INDICATED. X Signature
Judicial Council of California Form Rev. 01-01-04 (Veh. Code, §§ 40500(b), 40513(b), 40522, 40600, 40610(d), 40618; Pen. Code, § 853.9)

SEE REVERSE TR-108

Shaded areas on the form indicate spaces subject to modification for local or agency requirements. 20

CONTINUATION OF CITATION
(Reverse of Violator's Copy)

IMPORTANT--READ CAREFULLY
This form is used when multiple offenses are charged and the original Notice to Appear / Notice to Correct Violation form does not provide sufficient space for the listing of all the charges. PLEASE REFER TO THE REVERSE OF THE ORIGINAL NOTICE TO APPEAR / NOTICE TO CORRECT VIOLATION FOR IMPORTANT INFORMATION REGARDING YOUR LEGAL OBLIGATIONS. CORRECTABLE VIOLATIONS ON A NOTICE TO APPEAR: Those driver license, vehicle registration, and mechanical violations cited in accordance with Vehicle Code section 40610(a) will be dismissed by the court if PROOF OF CORRECTION and payment of a transaction fee are presented to the court by mail or in person on or before the appearance date. Proof of correction should be obtained for driver license, registration, and equipment violations. CORRECT EQUIPMENT VIOLATIONS IMMEDIATELY. Violations of Vehicle Code section 16028 (automobile insurance) will be dismissed only upon (1) your showing or mailing to the court evidence of financial responsibility valid at the time this notice to appear was issued and (2) your payment of a transaction fee. CORRECTABLE VIOLATIONS ON A NOTICE TO CORRECT VIOLATION: Those driver license, vehicle registration, and mechanical violations cited in accordance with Vehicle Code section 40610(a) must be corrected and PROOF OF CORRECTION must be provided to the law enforcement agency's office designated on the reverse side of the Notice to Correct Violation form within 30 days in order to have the violation cleared. Proof of correction should be obtained for driver license, registration, and equipment violations. CORRECT EQUIPMENT VIOLATIONS IMMEDIATELY.

METHODS FOR OBTAINING CERTIFICATION OF CORRECTION (Veh. Code, § 40616): 1. Pollution control device violations must be certified by a smog check station licensed by the California Bureau of Automobile Repair. 2. Lamp, brakes, and exhaust system violations may be certified as corrected by an authorized inspection and installation station for the specific violation(s). 3. Registration and driver license violations may also be certified as corrected at an office of the Department of Motor Vehicles or by any clerk or deputy clerk of a court. 4. Proof of correction, except for violations that must be cleared at a certified inspection and installation station, may be obtained at __________________________________________________ (fill in location) during regular business hours.

CERTIFICATE OF CORRECTION (MUST BE RETURNED TO: COURT, CITING AGENCY)
Section(s) Violated Signature of Person Certifying Correction Serial No. Agency Date

Shaded areas on the form indicate spaces subject to modification for local or agency requirements. 21

CONTINUATION OF CITATION
(Reverse of Court's Copy)

(Circle one) RIGHT or LEFT THUMBPRINT

Shaded areas on the form indicate spaces subject to modification for local or agency requirements. 22

__________________________________________________________

Appendix D Automated Traffic Enforcement System Notice to Appear, Form TR-115

D

23

TRAFFIC NOTICE TO APPEAR
Automated Traffic Enforcement System

(NAME OF AGENCY AND JURISDICTION)

NOTICE TO APPEAR Automated Traffic Enforcement
Date of Violation 1. / Time

(Citation No.)

/

AM PM

Day of Week SMTWTFS

Case No.

Name (First, Middle, Last) 2. Address 3. City State State Class ZIP Code Commercial Yes No Weight Race Age Birth Date

4.
Driver Lic. No. 5. Sex 6. Hair Eyes

/

/

Height

Veh. Lic. No. or VIN 7. Yr. of Veh. 8. Make Model

State COMMERCIAL VEHICLE (Veh. Code, § 15210(b)) Body Style Color HAZARDOUS MATERIAL (Veh. Code, § 353)

Registered Owner or Lessee 9. Address 10. City 11. Code and Section 12. Location of Violation at 13. Description State ZIP Code

City/County of Occurrence

Violation was not committed in my presence. The above is declared on information and belief and is based on photographic evidence.

I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. Date Issued 14. Declarant ID No.

YOU MUST RESPOND TO THE COURT ON OR BEFORE: 15. WHEN: DATE:_____________________________________ Time: __________ AM PM

WHAT TO DO: FOLLOW THE INSTRUCTIONS ON THE REVERSE. 16. WHERE: [Name of court[s]] [Section[s] or division[s], room no[s].] [Street address[es]] [Phone no.] Clerk's Office Hours [Insert hours clerk's office is open.]

FPO Barcode
Judicial Council of California Form Rev. 09-20-05 (Veh. Code, § 40518)

DEFENDANT COPY SEE REVERSE TR-115

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

24

TRAFFIC NOTICE TO APPEAR
Automated Traffic Enforcement System

IMPORTANT--READ CAREFULLY

This Citation Is Based on Photographic Evidence
The vehicle identified on the front was photographed in violation of a traffic signal or sign. You may see the photographs. Contact: ______________________________________ If you were not driving the vehicle at the time of the violation, contact ________________________________________________________________ WHAT TO DO You have been issued a citation that charges you with a traffic infraction. You must respond by following one of the procedures below by the date on the front (see "WHEN"). If you do not, you may lose your license to drive, and your money penalties may increase. 1. If you do NOT contest the violation a. (Pay the bail amount) (See "BAIL INFORMATION" below) Your bail will be forfeited to the court. You will not have to appear in court. You will be convicted of the violation, and it will appear on your record at the Department of Motor Vehicles (DMV). A point count will be charged to your DMV record for this offense and your insurance may be adversely affected. b. (Traffic school) You may be able to avoid the point count and adverse effect on your insurance by attending traffic school. Contact the court to request traffic school. You must pay the bail amount as a fee, and you may have to pay other fees. 2. If you contest the violation (select one) a. (Court trial) Send a certified or registered letter postmarked not later than five days prior to the appearance date, or come to the court by the appearance date to request a court trial on a future date when an officer and witnesses will be present. You will be required to submit the bail amount. You will be given a date for your trial. --OR-- b. (Trial by written declaration) Send a certified or registered letter postmarked not later than five days prior to the appearance date, or come to the court on or before the date on the front and request a trial by written declaration. Submit the bail amount. You will be given forms to allow you to write a statement and submit other evidence without appearing in court. An officer will also submit a statement. The judicial officer will consider all of the evidence at the same time and decide the case. WRITING TO THE COURT If you write to the court, always write the citation number and your driver license number on your letter. Use of certified or registered mail is required. Do not send your copy of the citation. Keep it for your own records. BAIL INFORMATION The "bail" is the amount you must pay or deposit for the charged violation. Bail Amount: $ ________ OR [See enclosed information] Make the check or money order payable to ____________________________________. Write the citation number and your driver license number on your check or money order. You may deposit the bail in person, by mail or by phone. NIGHT COURT TRIALS [are] [are NOT] available for this citation. JUVENILES If you are under 18, you must be accompanied by your parent or guardian when you appear in court. Bring this citation and your driver license. You will be notified by the Juvenile Court of your court date. [For additional information, call the Juvenile Traffic Court at________________________________________________________________] ONLINE INFORMATION You may obtain additional information at [Local Web site: ________________________________________________________]

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

25

__________________________________________________________

Appendix E Nontraffic Notice to Appear, Form TR-120

E

26

NONTRAFFIC NOTICE TO APPEAR
(Face of Court's Copy)

(Name of Agency and Jurisdiction) NOTICE TO APPEAR
Date of Violation 1. / / Name (First, Middle, Last) 2. Address 3. City 4. Driver Lic. No. 5. Sex 6. Code 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Evidence Seized 19. Hair Eyes State Class Height State Time

MISDEMEANOR Nontraffic (Citation No.) Case No.

AM PM

Day of Week

SMTWTFS

ZIP Code Birth Date Juvenile (Phone No.) ) Other Description Misdemeanor or

Age

/
Weight

/
Race

(

Ordinance

Description

Infraction (Circle)

M M M M M M M M M M M M
Booking Required (see reverse)

I I I I I I I I I I I I

Location of Violation(s) City/County of Occurrence 20. Comments 21. Violations not committed in my presence, declared on information and belief. 22. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. 23. ______________________________________________________ Arresting or Citing Officer ___________ Serial No. _____to_____ Dates Off _____to_____ Dates Off

24.___/___/___ ____________________________________________ ___________ Date Name of Arresting Officer, if different from Citing Officer Serial No. WITHOUT ADMITTING GUILT, I PROMISE TO APPEAR AT THE TIME AND PLACE INDICATED BELOW. 25. X Signature 26. WHEN: ON OR BEFORE THIS DATE: _____/_____/_____

WHAT TO DO: 27. WHERE:

28.

To be notified

Time: __________ AM PM Time: __________ AM PM FOLLOW THE INSTRUCTIONS ON THE REVERSE. [Name of court[s]] [Section[s] or division[s], room no[s].] [Street address[es]] [Phone No.] You may arrange with the clerk to appear at a night session of the court.

FPO Barcode
Judicial Council of California Form Rev. 09-20-05 (Pen. Code, § 853.9)

DEFENDANT COPY SEE REVERSE TR-120

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

27

NONTRAFFIC NOTICE TO APPEAR
(Reverse Of Defendant's Copy)

IMPORTANT -- READ CAREFULLY
WARNING: If you fail to appear in court as you have promised, you may be arrested and punished by 6 MONTHS IN JAIL AND/OR A $1,000 FINE, regardless of the disposition of the original charge. (Pen. Code, § 853.7.) If "Booking Required" is checked you must appear on a weekday prior to your court date for booking at: _____________________________________________________ between the hours of ___ and ___ and bring the signed verification to your court appearance. Call _______________ for more information. Booking Verification: I declare under penalty of perjury under the laws of the State of California that ______________________________ was booked on _______ Defendant's name Date ____________________ ____________ Officer Serial No.

WHAT TO DO

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

28

NONTRAFFIC NOTICE TO APPEAR
(Reverse Of Court's Copy)

(Circle one) RIGHT or LEFT THUMB PRINT

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

29

__________________________________________________________

Appendix F Traffic/Nontraffic Notice to Appear, Form TR-130

F

30

TRAFFIC/NONTRAFFIC NOTICE TO APPEAR (Face of Court's Copy)
(NAME OF AGENCY AND JURISDICTION) NOTICE TO APPEAR
Date of Violation 1. / / Name (First, Middle, Last) 2. Address 3. City 4. Driver Lic. No. 5. Sex 6. Hair Eyes State State Class Height State Make Model ZIP Code ( Commercial
Yes No

Traffic

MISDEMEANOR Nontraffic

(Citation No.) Case No.

Time

AM PM

Day of Week

SMTWTFS
Owner's Responsibility (Veh. Code, § 40001)

Juvenile (Phone No.) ) Birth Date

Age Race

/

/

Weight Reg. MO/YR Color

Other Description

Veh. Lic. No. or VIN 7. Yr. of Veh. 8.

Body Style

COMMERCIAL VEHICLE (Veh. Code, § 15210(b)) HAZARDOUS MATERIAL (Veh. Code, § 353) Same as Driver Same as Driver

Evidence of Financial Responsibility 9. Registered Owner or Lessee 10. Address 11. City 12. Correctable Violation (Veh. Code, § 40610) Yes No Code and Section 13. 14. 15.
16.

CHP/DOT/PUC/ICC

State

ZIP Code Misdemeanor or Infraction (Circle)

Booking Required (see reverse) Description

M M M M
Safe Radar Continuation Form Issued W Accident S N

I I I I

Speed Approx. P.F./Max Spd. Veh. Lmt. 17. > Location of Violation(s) 18. at Comments (Weather, Road & Traffic Conditions) 119.

City/County of Occurrence

E

Violations not committed in my presence, declared on information and belief. 20. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. Executed at (place) Violation location 21.______________________________________________________ ___________ _____to_____ Arresting or Citing Officer Serial No. Dates Off 22.___/___/__ ____________________________________________ ___________ Date Name of Arresting Officer, if different from Citing Officer Serial No. WITHOUT ADMITTING GUILT, I PROMISE TO APPEAR AT THE TIME AND PLACE INDICATED BELOW. 23. X Signature 24. WHEN: ON OR BEFORE THIS DATE: _____/_____/_____ _____to_____ Dates Off

WHAT TO DO: 25. WHERE:

26.

To be notified

Time: __________ AM PM Time: __________ AM PM FOLLOW THE INSTRUCTIONS ON THE REVERSE. [Name of court[s]] [Section[s] or division[s], room no[s].] [Street address[es]] [Phone No.] You may arrange with the clerk to appear at a night session of the court.

FPO Barcode
Judicial Council of California Form Rev. 09-20-05 (Veh. Code, §§ 40500(b), 40513(b), 40522, 40600; Pen. Code, § 853.9)

DEFENDANT COPY SEE REVERSE TR-130

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

31

TRAFFIC/NONTRAFFIC NOTICE TO APPEAR (Reverse of Defendant's Copy)

IMPORTANT -- READ CAREFULLY
WARNING: If you fail to appear in court as you have promised, you may be arrested and punished by 6 MONTHS IN JAIL AND/OR A $1,000 FINE regardless of the disposition of the original charge. (Veh. Code, § 40508 or Pen. Code, § 853.7.) In addition, any person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration (in absentia) pursuant to Vehicle Code section 40903(a) upon any alleged infraction, as charged by the arresting/citing officer. JUVENILE: If you were under age 18 at the time the citation was issued, you must appear in court with your parent or guardian. COURTESY NOTICE: A courtesy notice may be mailed to the address shown on your citation, indicating the required deposit of money (bail) that may be forfeited instead of your appearing in court. If you do not receive such courtesy notice, you are still required to comply with the items below by the appearance date. WHAT TO DO You are required to appear at court for a misdemeanor violation. For all violations, your court date/time/place are on the front of this notice to appear. Have the citation with you when contacting the court. In all infraction cases, you must do one or more of the following for each violation: Pay the fine (bail). Correct the violation (traffic cases, when applicable). Appear in court. Request traffic school (traffic cases, when applicable). Contest the violation. Request trial by written declaration (traffic cases). If you do not do one of the above actions, then a "failure to appear" charge will be filed against you (Veh. Code, § 40508(a)) and your driver license may be withheld, suspended, or revoked. In some courts you may be charged an amount in addition to the bail amount and the case may be turned over to a collection agency. (Pen. Code, § 1214.1.) 1. If you do NOT contest the violation: a. (Pay the bail amount) Contact the court for bail information. You will not have to appear in court. You will be convicted of the violation, and it will appear on your record at the Department of Motor Vehicles (DMV). A point count may be charged to your DMV record and your insurance may be adversely affected. b. (Traffic school) You may be able to avoid the point count by completing traffic school. You must pay the bail amount as a fee, and you may have to pay other fees. Contact the court to request traffic school. c. (Correctable violations) If the "Yes" box is checked on the front of your ticket, the violation is correctable. Upon correction of the violation, have a law enforcement officer or an authorized inspection/installation station agent sign below. (Veh. Code, § 40616.) Registration and driver license violations may also be certified as corrected at an office of the DMV or by any clerk or deputy clerk of a court. The violation will be dismissed by the court after PROOF OF CORRECTION and payment of a transaction fee are presented to the court by mail or in person by the appearance date. Violations of Vehicle Code section 16028 (automobile liability insurance) will be dismissed only upon (1) your showing or mailing to the court evidence of financial responsibility valid at the time this notice to appear was issued, and (2) your payment of a transaction fee. CERTIFICATE OF CORRECTION (MUST BE RETURNED TO COURT) Section(s) Signature of Person Violated Certifying Correction Serial No. Agency Date

2. If you contest the violation (select a or b): a. (Court trial) Send a certified or registered letter postmarked not later than five days prior to the appearance date or come to the court by the appearance date to request a court trial on a future date when an officer and any witnesses will be present. You will be required to submit the bail amount. --OR-- b. (Trial by written declaration (traffic infractions)) Send a certified or registered letter postmarked not later than five days prior to the appearance date or come to the court on or before the appearance date to request a trial by written declaration. Submit the bail amount. You will be given forms to allow you to write a statement and to submit other evidence without appearing in court. An officer will also submit a statement. The judicial officer will consider the evidence and decide the case. 3 Make check/money order payable to Clerk of the Court. Write your citation number and driver license number on your check or money order. You may pay in person, by mail, or by phone. 4. If "Booking Required" is checked you must appear for booking on a weekday prior to your court date at: _____________________________________________________ between the hours of ___ and ___ and bring the signed verification to your court appearance. Call for more information. Booking Verification: I declare under penalty of perjury under the laws of the State of California that ______________________________ was booked on _______ Defendant's name Date 5. Additional information is available at ____________________ ____________ Officer Serial No.

Local Web site ___________________________________________________________________

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

32

TRAFFIC/NONTRAFFIC NOTICE TO APPEAR (Reverse of Court's Copy)

(Circle one) RIGHT or LEFT THUMB PRINT

Shaded areas on the form indicate spaces subject to modification for local or agency requirements.

33

File Size: 219.0 kB
Pages: 37
Date: June 24, 2009
File Format: PDF
State: California
Category: Court Forms - State
Author: Judicial Council of California
Word Count: 8,870 Words, 64,473 Characters
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