People v. Superior Court (Simon)

In People v. Superior Court (Simon) (1972) 7 Cal.3d 186, the California Supreme Court discussed the procedure to be followed after a warrantless arrest for a Vehicle Code violation. ( Id. at p. 199.) Although there have been amendments and additions to the Vehicle Code in the years since Simon was decided, it remains a concise and accurate summary of the law. The Simon court explained: "If the Vehicle Code violation is declared to be a felony, the arrestee is to be dealt with according to the general provisions of the Penal Code on felony arrests. (Veh. Code, 40301.) For all other cases, however, the Legislature has created a special tripartite scheme which reflects the lesser degree of criminality attached to the act of transgressing against ordinary traffic rules and regulations. First, the scheme in effect presumes that in the vast majority of cases the violator will not be taken into custody; with the exception of the instances next discussed, the officer must prepare a written notice to appear (i.e., a citation or 'ticket'), and must release the violator 'forthwith' when the latter in turn gives his written promise that he will appear as directed ( 40500, 40504). Indeed, such a violator may avoid the necessity for appearing in court: he may choose to deposit the prescribed bail by mail ( 40510) and, by failing thereafter to appear, forfeit that amount in lieu of fine ( 40512). Second, in certain cases, section 40303 gives the officer the option either to follow the foregoing procedure or to take the violator 'without unnecessary delay' before the 'nearest or most accessible' magistrate having jurisdiction over the offense. Section 40303 lists a number of more serious violations as grounds for invoking this option, such as reckless driving, failure to stop after a accident, participating in speed contests, driving with an invalid license, attempt to evade arrest, and refusal to submit to safety inspections. Third, section 40302 makes it mandatory for the officer to follow the latter branch of the section 40303 option--i.e., to take the violator before a magistrate without unnecessary delay--in four specific instances: i.e., when the violator (a) fails to present his driver's license or other satisfactory evidence of his identity, (b) refuses to give his written promise to appear, or (c) demands an immediate appearance before a magistrate, or (d) when the violator is charged with the very serious traffic offenses of misdemeanor drunk driving or driving under the influence of toxic glue or nonnarcotic drugs." ( Simon, supra, 7 Cal.3d at pp. 199-200.)