What is the test for setting aside an information in a motor vehicle accident case?

Appellant points to such cases as Rupley v. Johnson, 120 Cal.App.2d 548, 552, 261 P.2d 318, holding that before the court could have had jurisdiction of a misdemeanor violation of the Vehicle Code a proper complaint must be filed and that unless waived, as provided by statute, the filing is essential to the jurisdiction of the court. Such cases are of no support to the appellant here, however, because in fact a complaint was filed.

Appellant also relies on People v. Elliot, 54 Cal.2d 498, 502, 6 Cal.Rptr. 753, 354 P.2d 225. However, the latter case makes it quite clear that an information will not be set aside merely because there has been some irregularity or minor error in procedure in the preliminary examination. The test is whether the defendant has been denied a substantial right. Here, clearly, there was no error since the duty of the arresting officer was fully complied with by the filing of a proper complaint charging the defendant with the offense for which the officer has arrested him.