California Vehicle Code 40302 VC requires motorists to be arrested for traffic violations and taken before a judge when they fail to show their ID and their face, refuse to give a written promise to appear in court, or drive under the influence of alcohol or drugs.

Otherwise, drivers who violate traffic laws would receive a traffic citation. However, it's crucial to understand that certain violations can lead to more serious consequences, including arrest.

Simply put, traffic violations in California are typically met with citations, fines, and possibly points added to your driving record, but in some cases, it can escalate to arrest.

When you're given a traffic citation, the officer issues a ticket that mandates a court appearance or payment of a fine.

Most individuals are free to continue their day after being issued a ticket by police. However, under certain circumstances, what would usually result in a simple ticket can lead to an arrest.

Under California Vehicle Code 40302 VC, there are four specific situations where an officer has the authority to arrest an individual for a traffic violation:

• If you fail to present a driver's license or equivalent photo identification.
• If you refuse to sign the written promise to appear in court.
• If you demand to see the magistrate judge immediately.
• If you are charged with suspected DUI.

Let's discuss each of these in further detail.

What Does Law Say?

The full text of California Vehicle Code 40302 VC says,

"Whenever any person is arrested for any violation of this code not declared to be a felony, the arrested person shall be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases:

(a) When the person arrested fails to present both their driver's license or other satisfactory evidence of their identity and an unobstructed view of their full face for examination.

(b) When the person arrested refuses to give their written promise to appear in court.

(c) When the person arrested demands an immediate appearance before a magistrate.

(d) When the person arrested is charged with violating Section 23152."

Failure to Present Identification

One of the most common reasons an officer may arrest a driver during a traffic stop is if you fail to present identification.

This requirement is about more than having a driver's license (although not having one can result in further penalties); it is also about being able to prove your identity when requested by law enforcement.

The baseline requirement is that you present a form of identification that contains an unobstructed view of your face. If the officer can't verify you are who you say you are, they can arrest you.

Example: Jake is pulled over for speeding, and the officer asks for his driver's license. Jake inadvertently left his wallet at home and has no other form of identification. The officer will likely arrest Jake at this point and detain him until his identity can be verified.

Refusal to Sign the Citation

When you are issued a traffic ticket in California, the officer will ask you to sign the citation.

This signature is not an admission of guilt but rather a promise to appear in court on the date/time shown or pay the fine associated with the ticket. Refusing to sign means you are refusing to commit to your court date, which may result in your arrest.

Example: Sandra is pulled over for running a red light. The officer hands her the ticket and asks her to sign it. Sandra, believing she did nothing wrong, refuses to sign.

The officer informs her that the signature is merely a promise to appear in court and is not an admission of guilt. If Sandra still refuses, the officer is legally allowed to arrest her under VC 40302. This arrest is due to Sandra's refusal to comply with the legal process rather than the traffic violation itself.

You Demand to See a Magistrate Immediately

In rare cases, a driver might demand to appear before the magistrate immediately rather than sign a citation or accept a ticket. While this might seem like a way to challenge the officer's decision on the spot, it can lead to an immediate arrest.

Example: Dustin is pulled over for failing to stop at a stop sign. Dustin believes he did come to a complete stop, and the officer is simply using him to "meet a quota."

Frustrated with the officer's decision to issue a ticket, Dustin demands to be taken before a magistrate right then and there to dispute the ticket. Under VC 40302, the officer is obliged to arrest Dustin and take him to the magistrate if one is available. If not, Dustin will remain in custody until a court appearance can be arranged.

Suspected DUI (VC 23152)

When an individual is charged with driving under the influence (DUI) under Vehicle Code Section 23152, an arrest is mandatory.

Due to the severe nature of DUI offenses and their potential danger to public safety, immediate arrest ensures that the individual is removed from the road and faces legal proceedings.

Example: Emily is stopped at a DUI checkpoint, and the officer suspects she is under the influence of alcohol after administering a field sobriety test. Emily is arrested on the spot for violating VC 23152 and taken before a magistrate to face the charges, ensuring the safety of other road users.

Overview of VC 40302

In review, most California traffic violations are infractions where the police perform a routine traffic stop and issue a citation. Minor traffic violations do not carry any jail time.

However, under VC 40302, the police will arrest drivers under the following circumstances:

• The traffic violation was a DUI.
• The driver refuses to sign the written promise to appear in court.
• The driver does not provide their driver's license or an unobstructed view of their full face.
• The driver demands to see the judge right away.

Thus, a routine traffic stop for a minor traffic violation can sometimes result in the driver being arrested. As noted, suppose you are angry and refuse the written promise to appear in court, meaning you are rejecting the traffic citation. In that case, you have given law enforcement the legal authority to arrest you and bring you before a magistrate.

Typically, people issued a citation for a traffic infraction never have to go to court if they pay the fine or retain a lawyer to fight their case. Contact our law firm for additional information. Eisner Gorin LLP is based in Los Angeles, CA.

Related Content:

• Booked into Custody
• California Vehicle Code 40302 VC