Chavez

A criminal complaint was filed in the Justice Court of the Porterville Judicial District charging appellant with the illegal use of a speaker mounted on a vehicle in violation of Tulare County’s Loud Speaker Control Ordinance. Appellant demurred to the complaint and when the court overruled his demurrer he petitioned the Superior Court of Tulare County for a writ of prohibition. Appellant’s petition was denied and this appeal followed.

Appellant’s petition for a writ of prohibition clearly indicates that the complaint which was filed against him in the justice court does not involve numerous charges, complex issues or involved questions of fact. Moreover, appellant did not, nor does he now, allege unusual facts or circumstances for the extraordinary relief requested. He simply maintains that the ordinance which he is accused of violating is unconstitutional and that he does not have a speedy and adequate remedy at law. In short, he asserts that he should not be required to stand trial in the justice court, and then to appeal to the appellate department of the superior court, if convicted, before he is permitted to challenge the constitutionality of the ordinance which he…