Evans

This is an appeal from an order denying appellant’s application for an alternative writ to prohibit respondent court from trying appellant on a misdemeanor charge.

On August 18, 1961, at 12:30 a. m. appellant was arrested for violation of Vehicle Code section 23102 (driving while under the influence of intoxicating liquor) and booked in the Beverly Hills City Jail. At 12:40 a. m. appellant called his attorney, Stanley N. Gleis, requesting him to come to the jail to obtain his release. Attorney Gleis spoke over the telephone with Lieutenant Thomas Pierce, the officer in charge of the Beverly Hills jail, informing the officer that he would go immediately to the jail to obtain appellant’s release. Lieutenant Pierce told appellant’s attorney that there would be no use in his coming to the jail because appellant would not be released until 6 a. m. since the Beverly Hills Police Department had a policy of keeping everyone charged with drunk driving in jail for approximately five hours before releasing them. Attorney Gleis told the officer he would leave for the jail immediately with bail to obtain appellant’s immediate release.

Appellant’s attorney arrived at the Beverly Hills jail at…