§ 1.08.080. Notice constitutes complaint.


Latest version.
  • Whenever a written notice to appear has been prepared, delivered, and filed with the court as provided in Sections 1.08.020 and 1.08.030, an exact and legible duplicate of the notice when filed with the magistrate specified herein, in lieu of the verified complaint, shall notwithstanding the provisions of Section 1426 of the Penal Code, constitute a complaint to which the defendant may plead "guilty."

    If, however, the defendant violates his promise to appear in court or does not deposit lawful bail, or pleads other than "guilty" of the offense charged, a complaint shall be filed which shall conform to the provisions of Section 1426 of the Penal Code, and which shall be deemed to be an original complaint, and thereafter proceedings shall be as provided by law provided that a defendant may by an agreement in writing subscribed by him and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon the written notice mentioned in Sections 1.08.020 and 1.08.030.

(Prior code § 3-019.22)