Burton v. Superior Court
On April 26, 2006, petitioner was charged in the Madera County Superior Court by criminal complaint with violation of Vehicle Code section 23152, subdivision (a),[1]driving under the influence of an alcoholic beverage or drug (count 1). He was also charged with violation of section 16028, subdivision (a), driving without evidence of financial responsibility (count 2). Due to his in custody status, petitioner filed a section 41500 request, asking that the above described charges be dismissed. The Madera County Superior Court denied the request. The instant petition followed. Let a peremptory writ of mandate issue directing the Madera County Superior Court to dismiss count 2 in action No. CCR014411. The petition for writ of mandate is otherwise denied. This opinion is final forthwith.
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