Renk

This is an appeal from the denial of a writ of prohibition which sought to restrain respondent from proceeding to try petitioner for a violation of the Vehicle Code.

Appellant was arrested on February 15, 1962, without a warrant and taken before a judge of the Municipal Court of the Whittier Judicial District and thereafter on the same day was charged with a violation of subdivision (a), section 23102, Vehicle Code, misdemeanor drunk driving. On the same day petitioner entered a plea of not guilty and was released on bail with a jury trial scheduled for March 7, 1962. On March 23, 1962, petitioner filed a notice of motion to dismiss the case for want of jurisdiction. This motion was denied, whereupon appellant filed a petition for writ of prohibition in the superior court from the denial of which petition appellant appeals.

The basis for appellant’s contention that the municipal court is without jurisdiction to proceed to try him is that the complaint filed against him was not filed by the arresting officer. The complaint was actually signed by a complainant other than the arresting officer. Petitioner contends that section 40306 of the Vehicle Code requires that “. . . the…