SECTIONS 40600-40604

40600.  (a) Notwithstanding any other provision of law, a peaceofficer who has successfully completed a course or courses ofinstruction, approved by the Commission on Peace Officer Standardsand Training, in the investigation of traffic accidents may prepare,in triplicate, on a form approved by the Judicial Council, a writtennotice to appear when the peace officer has reasonable cause tobelieve that any person involved in a traffic accident has violated aprovision of this code not declared to be a felony or a localordinance and the violation was a factor in the occurrence of thetraffic accident. (b) A notice to appear shall contain the name and address of theperson, the license number of the person's vehicle, if any, the nameand address, when available, of the registered owner or lessee of thevehicle, the offense charged, and the time and place when and wherethe person may appear in court or before a person authorized toreceive a deposit of bail. The time specified shall be at least 10days after the notice to appear is delivered. (c) The preparation and delivery of a notice to appear pursuant tothis section is not an arrest. (d) For purposes of this article, a peace officer has reasonablecause to issue a written notice to appear if, as a result of theofficer's investigation, the officer has evidence, either testimonialor real, or a combination of testimonial and real, that would besufficient to issue a written notice to appear if the officer hadpersonally witnessed the events investigated. (e) As used in this section, "peace officer" means any personspecified under Section 830.1 or 830.2 of the Penal Code, or anyreserve police officer or reserve deputy sheriff listed in Section830.6 of the Penal Code, with the exception of members of theCalifornia National Guard. (f) A written notice to appear prepared on a form approved by theJudicial Council and issued pursuant to this section shall beaccepted by any court.40604.  (a) If the person charged with the offense has not signed apromise to appear, no warrant for arrest may be issued following thefiling of the written notice to appear issued pursuant to Section40600, until 15 days after a notice of the filing has been servedupon the person by personal delivery or by mail, addressed to theperson at the address shown in the accident report. (b) The notice shall contain the name and address of the person,the license number of the vehicle involved, the name and address,when available, of the registered owner or lessee of the vehicle, theoffense shown on the written notice to appear, and the approximatetime of the commission of the offense. The notice shall inform theperson that, unless he or she appears in the court designated in thenotice within 10 days after the service of the notice and answers thecharges, a warrant will be issued for his or her arrest. (c) Proof of service shall be made by the affidavit of any personover 18 years of age making the service showing the time, place, andmanner of service and facts showing that the service was made inaccordance with this section. If service is made by mail, no warrantfor arrest may be issued until 14 days after the deposit of thenotice of filing in the mail.