Rule 4.103. Notice to appear forms
(a) Traffic offenses
A notice to appear that is issued for any violation of the Vehicle Code other than a felony or for a violation of an ordinance of a city or county relating to traffic offenses must be prepared and filed with the court on Automated Traffic Enforcement System Notice to Appear (form TR-115) or Traffic/Nontraffic Notice to Appear (form TR-130), and must comply with the requirements in the current version of the Judicial Council’s instructions, Notice to Appear and Related Forms (form TR-INST).
(Subd (a) amended effective January 1, 2007.)
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Standard 4.40. Traffic infraction procedures
To insure the prompt and efficient disposition of traffic infraction cases, each court should:
(1) Authorize the clerk, within limits set by the court, to grant defendants
extensions of time for the posting of bail and payment of fines.
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(2) Authorize the clerk or other court official to accept offers of proof of
correction or compliance in accordance with the bail schedule without the
necessity of a court appearance.
Standard 4.40 amended and renumbered effective January 1, 2007; adopted as sec. 10.5 effective July 1, 1977.
Standard 4.41. Courtesy notice—traffic procedures
(a) Mailed courtesy notice
Each court should promptly mail a “courtesy notice” to the address shown on the Notice to Appear. The date of mailing should allow for the plea-by-mail option in infraction cases.
(Subd (a) amended and lettered effective January 1, 2007; adopted as part of unlettered subdivision effective January 1, 1987.)
(b) Minimum information in courtesy notice
In addition to information obtained from the Notice to Appear, the courtesy notice should contain at least the following information:
(1) An appearance date, time, and location;
(2) Whether a court appearance is mandatory or optional;
(3) The total bail amount if forfeitable;
(4) The procedure required for remitting bail;
(5) The plea-by-mail option in infraction cases and the number of appearances required where trial is requested;
(6) The consequences of failure to appear; and
(7) A telephone number to call for additional information.
(Subd (b) amended and lettered effective January 1, 2007; adopted as part of unlettered
subdivision effective January 1, 1987.)
(c) Additional information in courtesy notice
Courts should provide additional information in the courtesy notice, as appropriate,
including the following:
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(1) Informal trial, trial by declaration, traffic violators’ school, and telephone
scheduling options; and
(2) Correction requirements and procedures.
(Subd (c) amended and lettered effective January 1, 2007; adopted as part of unlettered
subdivision effective January 1, 1987.)
Standard 4.41 amended and renumbered effective January 1, 2007; adopted as sec. 10.6 effective
January 1, 1987.
-- I would think that if service is not done road-side then the standard civil filing service requirements would be a default, as a best case senario for the state.
