What is the 41500 form?
The 41500 form is a legal document used in California to officially request the dismissal of vehicle code violations. It is typically filed by individuals who are currently incarcerated and certain conditions apply under Vehicle Code 41500, which allows for dismissal in specific circumstances.
Who can use the 41500 form?
This form is intended for individuals who are incarcerated in a California correctional institution and have received vehicle code citations. The individual must be the defendant named in the action to submit the form for dismissal.
What are the requirements to file a 41500 form?
An individual must be currently incarcerated for a felony conviction. They also need to provide relevant information such as their license number, details of the violations, the docket or citation number, and information regarding their commitment and release dates.
Where do I send the 41500 form?
The completed 41500 form must be sent to the Clerk of the Superior Court in the appropriate county. It is advisable to verify that the form is forwarded to the correct court for processing. Ensure all information is complete before submission.
What happens after I submit the 41500 form?
Once submitted, the court will review the form to determine if the conditions under Vehicle Code 41500 are met for dismissal. If approved, the court will dismiss the vehicle code violations as requested. The individual will receive a notification regarding the outcome.
What information is required on the 41500 form?
The form requires specific information such as the date of the violation, sections violated, citation number, your full name, license number, and details of your incarceration. Additionally, it requires the signature of an institution staff member to verify the individual's custody status.
Can I file the 41500 form on behalf of someone else?
No, the 41500 form must be filed by the individual who is incarcerated and is seeking the dismissal of the vehicle code violations. The required personal declaration under penalty of perjury can only be completed by the person named in the form.
Is there a filing fee for the 41500 form?
What if my request is denied?
If the court denies the request for dismissal, the individual will be notified of the decision. They may have options for further action, such as appealing the decision or addressing the vehicle code violations as required. Legal advice may be beneficial in such situations.