California

Criminal Procedure

Criminal Procedure

Rule 4.107 – Mandatory reminder notice? traffic procedures

(a) Mandatory reminder notice

(1) Each court must send a reminder notice to the address shown on the Notice to Appear, unless the defendant otherwise notifies the court of a different address.
(2) The court may satisfy the requirement in paragraph (1) by sending the notice electronically, including by e-mail or text message, to the defendant. By providing an electronic address or number to the court or to a law enforcement officer at the time of signing the promise to appear, a defendant consents to receiving the reminder notice electronically at that electronic address or number.
(3) The failure to receive a reminder notice does not relieve the defendant of the obligation to appear by the date stated in the Notice to Appear.
(b) Minimum information in reminder notice

In addition to information obtained from the Notice to Appear, the reminder notice must contain at least the following information:

(1) An appearance date and location;
(2) Whether a court appearance is mandatory or optional;
(3) The total bail amount and payment options;
(4) The notice about traffic school required under Vehicle Code section 42007, if applicable;
(5) Notice that a traffic violator school will charge a fee in addition to the administrative fee charged by the court;
(6) The potential consequences for failure to appear, including a driver’s license hold or suspension, a civil assessment of up to $300, a new charge for failure to appear, a warrant of arrest, or some combination of these consequences, if applicable;
(7) The potential consequences for failure to pay a fine, including a driver’s license hold or suspension, a civil assessment of up to $300, a new charge for failure to pay a fine, a warrant of arrest, or some combination of these consequences, if applicable;
(8) The right to request an ability- to-pay determination;
(9) Notice of the option to pay bail through community service (if available) and installment plans (if available);
(10) Contact information for the court, including the court’s website;
(11) Information regarding trial by declaration, informal trial (if available), and telephone or website scheduling options (if available); and
(12) Correction requirements and procedures for correctable violations.

Cal. R. Ct. 4.107

Rule 4.107 adopted effective January 1, 2017.

Advisory Committee Comment

Subdivision (a)(2). The court may provide a means for obtaining the defendant’s consent and designated electronic address or number on its local website. Because notices to appear state the website address for the superior court in each county, this location may increase the number of defendants who become aware and take advantage of this option. To obtain the defendant’s electronic address or number at the time of signing the promise to appear, the court may need to collaborate with local law enforcement agencies.

Subdivision (b). While not required, some local court websites may provide information about local court processes and local forms related to the information on the reminder notice. If in electronic form, the reminder notice should include direct links to any information and forms on the local court website. If in paper form, the reminder notice may include the website addresses for any information and forms on the local court website.