California Vehicle Code 40302 – Whenever any person is arrested for any violation of this code, not …
Whenever any person is arrested for any violation of this code, not declared to be a felony, the arrested person shall be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases:
(a) When the person arrested fails to present both his or her driver‘s license or other satisfactory evidence of his or her identity and an unobstructed view of his or her full face for examination.
Terms Used In California Vehicle Code 40302
- Arrest: Taking physical custody of a person by lawful authority.
- County: includes every county and city and county within this State. See California Vehicle Code 270
- driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
(b) When the person arrested refuses to give his or her written promise to appear in court.
(c) When the person arrested demands an immediate appearance before a magistrate.
(d) When the person arrested is charged with violating Section 23152.
(Amended by Stats. 2015, Ch. 82, Sec. 1. (AB 346) Effective January 1, 2016.)