San Mateo — 16-141

Source: https://sanmateo.courts.ca.gov/system/files/16-141.pdf

MAY - 5 2016 STANDING ORDER 16-141

2 Vi I Pamca l')t!PI 3 SUPERIOR COURT OF CALIFORNIA 4 IN AND F OR TH E COUNT Y OF SAN MATEO

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6 SUPERIOR COURT OF CALIFORNIA ) T ANDING ORDER RE: CIVIL COUNTY OF SAN MATEO ) PURSUIT OF TRAFFIC INFRACTIONS 7 ) AND AUTHORIZING ASSESSMENT OF ) $300 FOR FAILURE TO APPEAR 8 ) ) IVeh.Code § 40903(a); Pen.Code §§ 1214,1214.1]

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10 WHEREAS, Vehicle Code section 40903 provides that any person who fails to appear 11 may be deemed to have elected to have a trial by written declaration; and 12 WHEREAS, Penal Code se ctio n 121 4 . 1 provides that, subject to specified procedures 13 including notice to the defendant and the recalling of bench warrants that may be outstanding for 14 failure to appear, the COUlt may impose a civil asse ssment of up to three hundred dollars ($300)

15 against any defendant who fails, after notice and without good cause, to appear; and

16 WHEREAS, Penal Code section 1214(a) provides that if the judgment is for a fine,

17 including a restitution fine, the judgment may be enforced in the manner provided for the

18 enforcement of money judgments generally; and

19 WHEREAS, the Superior Court in the County of San Mateo wishes to implement

20 these statutes;

2\ NOW THEREFORE, IT IS HEREBY ORDE RED, ADJUDGED, AND

22 DECREED, that a defendant, in all eligible Vehicle Code traffic infraction citations wherein the

defendant has failed to appear and the citation remains unpaid for a period of ninety (90) days23

from the date the Failure to Appear is imposed, shall be deemed to have elected to have a trial by24

written declarati on, may be tried in absentia and a Judgment entered for the sum of the bail for

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CIVIL PURSUIT OF TRAFFIC INFRACTI O NS A D AUTHORIZATION TO ASSESS CIVIL PENALTY ASSESSMENT FO R FAIL URE T O APPEAR BY DEFENDANT

the underlying offense(s) and a civil assessment in the amount of three hundred ($300) for failur e

2 to appear.

3 IT IS FURTHER ORDERED that all traffic infraction judgments that are not

4 vacated , set aside , or in whi ch a request for a Trial de No vo has not been submitted within

5 twenty (20) days foll owing the date on which the Notice of Entry of Jud gment was mailed,

become final and all unpaid judgments are to be transferred to the Revenue Services Division of 6

the County of San Mateo to be civilly pursued.

7 IT IS FURTHER ORDERED that this order shall supersede Standing Orders 97-22, 8 05-79, 2010-109 and any previous ord er(s) regarding this subject matter and shall rem ain in 9 effect indefinitely and until such time as the order is vacated or superseded by order of the 10

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Pr esid ing Jud ge

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CIVIL PURSUIT OF TRAFFIC INFRACTI O NS AND AUT HO R IZ ATI O N TO ASSESS CIVIL PENALTY
ASSESSMENT FOR FAIL UR E T O APPEAR BY DEFENDANT