(a) When an arresting officer attempts to take a person arrested for a misdemeanor or
infraction of this code before a magistrate and the magistrate or person authorized
to act for him or her is not available, the arresting officer shall take the person arrested, without unnecessary
delay, before one of the following:
(1) The clerk of the magistrate, who shall admit the person to bail for the full amount set for the offense in a schedule fixed as provided in Section 1269b of the Penal Code.
(b) Whenever a person is taken into custody pursuant to subdivision (a) of Section 40302 and is arrested for a misdemeanor or infraction of this code pertaining to the operation
of a motor vehicle, the officer in charge of the most accessible county or city jail
or other place of detention within the county may detain the person arrested for a
reasonable period of time, not to exceed two hours, in order to verify his or her identity.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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