This notice shall contain the following information:. The person shall be instructed to appear before a judge or a clerk of the court to schedule a new hearing date within 60 days of the willful violation. A person failing to appear within the 60 days is guilty of an infraction. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order.
If the defendant does not appear within 60 days of the original date, the magistrate or clerk of the court may give notice of the failure to appear to the department for any violation of this code, or any violation that can be heard by a juvenile traffic hearing referee pursuant to Section of the Welfare and Institutions Code, or any violation of any other statute relating to the safe operation of a vehicle, except violations not required to be reported pursuant to paragraphs 1 , 2 , 3 , 6 , and 7 of subdivision b of Section The court shall not issue a bench warrant for a failure to appear.
The court shall not issue a bench warrant for a failure to appear, except as provided in subdivision d. If thereafter the case in which the notice was given is adjudicated or the person who has violated the court order appears in court or otherwise satisfies the order of the court, the magistrate or clerk of the court hearing the case shall prepare and forward to the department a certificate to that effect. The method of commencing or terminating an election to proceed under this section shall be prescribed by the department.
C The defendant, as individually determined by the court, cannot pay court fees without using money that normally would pay for the common necessities of life for the defendant and his or her family. B Eligibility cards or electronic benefit cards or other forms of evidence for the programs described in subparagraph B of paragraph 1.
C Attesting to his or her indigent status under penalty of perjury. Defendants whose cases are adjudicated in court shall receive a determination on the same day as their court appearance. A person who is indigent shall not be determined to have willfully failed to pay a fine. The court shall allow payments for more than 90 days if necessary to establish a reasonable plan in cases subject to Section The court shall determine the amount a defendant can afford to pay per month by using a payment calculator to be developed by the Judicial Council.
This calculator shall be developed in consultation with stakeholders, including advocates for indigent defendants. The Judicial Council shall revise the calculator annually to reflect any increase in the California Necessities Index.
An administrative fee shall not be assessed to enter into a payment plan or alternatives to payment. If a defendant does not inform the court of any changes in their income, the court shall presume that the defendant remains indigent. A sign-up fee shall not be assessed in order to participate in community service.
Community service shall include participation in programs required to receive public benefits, mental health services, job training, educational programs, or other social services programs deemed eligible by the court.
The number of hours of community service shall be calculated at a rate of percent of the state minimum wage or the local minimum wage, whichever is higher. The court shall accept, in full satisfaction of the fine, fee, and assessment, performance of a number of community service hours corresponding to the base fine.
The court shall take into consideration the ability of the defendant to perform community service and community service shall not conflict with employment, education, government-mandated activities, or any other obligation disclosed by the defendant. The certificate shall indicate that the participant has appeared in court, made a payment, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section The court shall affirm, reverse, or modify any such judgment or order or direct a new trial or further proceeding.
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