Jim, the court can and does allow the DA to file these as infractions. I have personally been present in court on such cases as infractions. I am not sure if it is pursuant to PC 17(d) (which also provides for a fine level) or some other section (and I don't have the time to look it up just now). Very, very few misdemeanors in the CVC are actually ever filed as criminal misdemeanors as a practical matter.