People v. Martinez

By information filed by the District Attorney of Los Angeles County the defendant was accused of the crime of violation of section 23105 of the Vehicle Code, a felony, in that he unlawfully drove a vehicle upon a highway while addicted to the use and under the influence of narcotic drugs.

Defendant made a motion under section 995 of the Penal Code to set aside the information “on the basis of illegal arrest.” The motion was granted.

The People appeal from the order setting aside the information.

Section 995 provides, in part, that an information must be set aside, upon defendant’s motion, if…