1.20.020 Infractions – Prosecutor’s discretion/defendant’s election to have infraction treated as misdemeanor

1.20.020 Infractions – Prosecutor’s discretion/defendant’s election to have infraction treated as misdemeanor.

A. A violation of any Chula Vista Municipal Code section may, at the discretion of the City Prosecutor if the violation is initially charged as a misdemeanor rather than an infraction, be prosecuted as an infraction, subject to the procedures described in CVMC 1.20.010(C) and 1.20.030 when:

1. The City Prosecutor files a complaint charging the offense as an infraction, unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor; or

2. The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint. (Ord. 3260 § 1, 2013; Ord. 2718 § 1, 1998; Ord. 2284 § 1, 1988; Ord. 2265 § 1, 1988; Ord. 2253 § 2, 1988; Ord. 2213 § 2, 1987).