Beasley

DISCUSSION

Statutory Framework

Because “‘“‘[a] demurrer raises an issue of law as to the sufficiency of the accusatory

pleading, and it tests only those defects appearing on the face of that pleading,’”’” we will “‘review

1 There were a couple of other extremely minor differences between the two notices. For example, in one the space for the cited person’s name was labeled “Name (First, Middle, Last),” and in the other it was labeled “Name (First, Middle, Last)/(Company).” 3 the order overruling defendant’s demurrer de novo.’” (Hoffman v. Superior Court (2017)

Cal.App.5th 1086, 1090–1091 [applying the appellate standard to writ review].)

“[T]he vast majority of” traffic infraction cases begin after a traffic stop, during which “the

officer . . . prepare[s] a written notice to appear (i.e., a citation or “ticket”) and . . . release[s] the

violator “forthwith” when the latter in turn gives his written promise that he will appear as

directed” in court. (People v. Superior Court (Simon) (1972) 7 Cal.3d 186, 199.) The Legislature

has delegated to the Judicial Council the duty to “prescribe the form of the notice to appear” (Veh.

Code, § 40500, subd. (b)), but there is no…