Brown v. Municipal Court

Opinion

LILLIE, Acting P. J.

The People (real party in interest in the superior court) appeal from judgment 1 ordering the issuance of a writ of prohibition/mandate restraining the municipal court from proceeding in an action charging petitioner with violation of Vehicle Code section 23102, subdivision (a) (driving a vehicle while under the influence of intoxicating liquor), and ordering it to dismiss the action.

The minute order granting the petition reflects the court’s findings of fact: Following his arrest for violation of section 23102, subdivision (a), defendant petitioner was taken to a…