Wadey v. Justice Court

MONROE, J. pro tem.

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The petitioner George E. Wadey sought a writ of mandamus to compel the Justice Court of Upland Judicial District to return to petitioner the sum of $19, which he alleges was excessive bail required of him by the court. A demurrer to the petition was sustained without leave to amend and from judgment thereon against petitioner this appeal is taken.

It appears from the petition that in February, 1957, appellant was driving a motor vehicle upon a public highway in the City of Upland; that he was stopped by a peace officer who wrote a ticket for violation of California Vehicle Code, sections 510 and 511.

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Upon refusal of petitioner to sign the ticket he was taken to the police station and a sergeant in charge communicated with Judge Hutton of Cucamonga, who fixed petitioner’s bail at $25. Hearing was set in the Justice Court, Upland Judicial District for February 21, 1957, and upon failure of petitioner to appear his bail was forfeited. Petitioner charges that no notice of the hearing was served upon him and he complains that the bail was excessive in that the scheduled bail for the alleged offense was but $6.00. Petitioner permitted more than 90 days to elapse before he made any further inquiry regarding the matter, at which time he was informed that by reason of his failure to appear his bail had been forfeited.

[428]

Petitioner relies upon the provisions of section 737.2 of the Vehicle Code which has subsequently been repealed, which provided for the magistrates fixing a schedule of bail for violations of the Vehicle Code. It is alleged that the amount fixed for a violation of section 510 of the Vehicle Code was the sum of $6.00 and petitioner claims, therefore, that the bail was excessive.

It is to be noted, however, that the provision of the Vehicle Code then in effect for setting up a schedule of bail to be charged was for the guidance of peace officers and other officials in ease a magistrate was not then available. This provision had nothing to do with the matter of fixing bail by the magistrate. Under Pen. Code, section 1275, the amount of bail to be fixed by a magistrate is discretionary. Ordinarily speaking, the court will not interfere with the discretion of an inferior court in fixing bail.