San Mateo — 10-109

Source: https://sanmateo.courts.ca.gov/system/files/10-109.pdf

Sparse pages use OCR; original PDF remains authoritative.

20 21 22 23 24 25 STANDING ORDER 2010-109 FILE) SAN MATEO COU SUPERIOR COURT OF CALIFORNIA SEP 282 IN AND FOR THE COUNTY OF SAN MATEO STANDING ORDER RE: CIVI PURSUIT OF TRAFFIC INFRACTIONS AND AUTHORIZING ASSESSMENT OF $300 FOR FAILURE TO APPEAR SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO [Veh.Code § 40903(a); Pen.Code §§ 1214, 1214.1] —_——wCowrrS Sw WHEREAS, Vehicle Code section 40903 provide that any person who fails to appear may be deemed to have elected to have a trial by written declaration; and WHEREAS, Penal Code section 1214.1 provides that , subject to specified procedures including notice to the defendant and the recalling of bench warrants that may be outstanding for failure to appear, the court may impose a civil assessment of up to three hundred dollars ($300) against any defendant who fails, after notice and without good cause, to appear; and WHEREAS, Penal Code section 1214(a) provides that if the judgment is for a fine, including a restitution fine, the judgment may be enforced in the manner provided for the enforcement of money judgments generally; and WHEREAS, the Superior Court in the County of San Mateo wishes to implement these statutes; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND 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) days from the date the Failure to Appear is imposed, shall be deemed to have elected to have a trial by written declaration, may be tried in absentia and a Judgment entered for the sum of the bail for Page | of 2 CIVIL PURSUIT OF TRAFFIC INFRACTIONS AND AUTHORIZATION TO ASSESS CIVIL PENALTY ASSESSMENT FOR FAILURE TO APPEAR BY DEFENDANT 1)

19 20 21 22 23 24 25 the underlying offense(s) and a civil assessment in the amount of three hundred ($300) for failure] to appear. IT IS FURTHER ORDERED that all traffic infraction judgments that are not vacated or set aside within thirty (30) days following the date on which the Notice of Entry of Judgment was mailed, become final, that no further court proceedings shall be had, and all unpaid judgments are to be transferred to the Revenue Services Division of the County of San Mateo to be civilly pursued. IT IS FURTHER ORDERED that this order shall supersede Standing Orders 97-22, 05-79 and any previous order(s) regarding this subject matter and shall remain in effect indefinitely and until such time as the order is vacated or superseded by order of the Presiding Judge. Dated: SEp 2 8 2010 Stephen M. Hall, Presiding Judge /// /// /// /// /// ///

CIVIL PURSUIT OF TRAFFIC INFRACTIONS AND AUTHORIZATION TO ASSESS CIVIL PENALTY ASSESSMENT FOR FAILURE TO APPEAR BY DEFENDANT