Opinion No. (2005)

BILL LOCKYER Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE SHARON RUNNER, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: May a peace officer take into custody an arrestee for committing a non-Vehicle Code infraction if the arrestee does not present satisfactory identification but is willing to sign a promise to appear and provide a fingerprint for identification purposes? CONCLUSION A peace officer may take into custody an arrestee for committing a non-Vehicle Code infraction if the arrestee does not present satisfactory identification even if the arrestee is willing to sign a promise to appear and provide a fingerprint for identification purposes. ANALYSIS An "infraction" is a relatively minor violation of law as distinguished from a felony or a misdemeanor. (See Tracy v. Municipal Court (1978) 22 Cal.3d 760 , 765-766 .) Penal Code section 19.6 1 provides: "An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent…