 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Larocca4/26/1983
ited to, the person's name, address, length of residence at that address, length of residence within this state, marital and family status, employment, length of that employment, prior arrest record, and such other facts relating to the person's arrest which would bear on the question of his or her release pursuant to the provisions of this chapter.
"(j) Whenever any person is arrested by a peace officer for a misdemeanor, other than an offense described in subdivision (b) of Section 11357 or subdivision (c) of Section 11360 of the Health and Safety Code, and is not released with a written notice to appear in court pursuant to this chapter, the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for such nonrelease:
"(1) The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
"(2) The person arrested required medical examination or medical care or was otherwise
unable to care for his or her own safety.
"(3) The person was arrested for one or more of the offenses listed in Section 40302 of the Vehicle Code.
"(4) There were one or more outstanding arrest warrants for the person.
"(5) The person could not provide satisfactory evidence of personal identification.
"(6) The prosecution of the offense or offenses for which the person was arrested or the prosecution of any other offense or offenses would be jeopardized by immediate release of the person arrested.
"(7) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
"(8) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
"(9) Any other reason, which shall be specifically stated on the form by the arresting officer.
"Such form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her for custody before trial."
Disposition
This being the case, the lower court improperly granted defendant's motion to dismiss and we therefore reverse the lower court's order of dismissal.
This case is remanded to the lower court with directions that the order of dismissal be vacated and complaint be reinstated.
Page 1 2 3 4 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|