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Originally Posted by Shoonra
Originally Posted by Calif. Veh. Code 40302
40302. 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 his driver's license or other satisfactory evidence of his identity for examination.
(b) When the person arrested refuses to give his 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.
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Is Vehicle Code Section 40302 a provision of law?
If so... do you know what the word "notwithstanding" means in the setion I posted? In means "despite what any other law says". So as long as 40302 is a provision of law then it does not apply. Does it?
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Calif. Veh. Code 12801.5
(e) Notwithstanding Section 40300 or any other provision of law,
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notwithstanding
adv : despite anything to the contrary
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So Shoonra, does "notwithstanding" as used in the Vehicle Code mean that the phrase trumps and nullifies "any" statute/code that suggest contrary procedure? Does it not mean that the "arrest" as mentioned in 40302 cannot be made?
Oh yes it does mean that. It means "no arrest can be made for the sole reason of suspicion of driving without a license! And what is funny is that out of the entire code, that is the only section that is afforded that level of exclusive denial of arrest. Driving without a license
must be accompanied by something more. (A showing of being a public utility? Operating a commercial vehicle without a license?)
Anyway I thought I was dealing with law graduates on this site. I have never met an attorney that did not know the meaning of notwithstanding.
Peace be with you all in your "driving".