§ 1-5.05. Complaints: Filing.

(a)

Whenever a written notice to appear has been prepared, delivered, and filed with the court pursuant to the provisions of Section 1-5.04 of this chapter, an exact and legible duplicate copy of the notice, when filed with the magistrate in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere".

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

(b)

Notwithstanding the provisions of subsection (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice, when filed with the magistrate, shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant, at the time of arraignment, may request that a verified complaint be filed.