Schmidt
Schmidt v. Cal. Highway Patrol
Opinion
Opinion
Gilbert, J.
*1290 Penal Code section 849.5 provides that if a person is arrested and released and no accusatory pleading is filed, the arrest shall be deemed a detention only . Section 851.6, subdivision (b) provides that the arresting law enforcement agency shall issue the person a certificate describing the action as a detention. Subdivision (d) of the section provides that the official criminal records shall delete any reference to an arrest and refer to the action as a detention. The California Highway Patrol (CHP) does not comply with sections 849.5 and 851.6.
John J. Schmidt brought a class action against the CHP for a writ of mandate to compel the CHP to comply. The trial court certified the class and granted Schmidt's writ petition. The court also awarded Schmidt attorney fees pursuant to Code of Civil Procedure section 1021.5, the private attorney general statute. We affirm.
FACTS
On May 1, 2011, Schmidt was arrested by the CHP for driving under the influence. He was booked into the Santa Barbara County jail and released later that day on his own recognizance. Schmidt signed a notice to appear in court.