28-1558. Traffic complaints; disposition; records

A. On issuing a traffic complaint to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town, each traffic enforcement officer shall deposit the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.

B. On the deposit of the original or a copy of the traffic complaint with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the original or copy of the traffic complaint may be disposed of only by trial in the court or other official action by a judge of the court or a hearing officer, including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine or civil penalty to the traffic violations bureau by the person to whom the traffic complaint was issued.

C. It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic complaint or copies of a traffic complaint or of the record of the issuance of the complaint or copies in a manner other than as required by this article.

D. The chief administrative officer of each traffic enforcement agency shall require the return to the chief administrative officer of:

1. A copy of each traffic complaint issued by an officer under the chief administrative officer's supervision to an alleged violator of any traffic law or ordinance.

2. All copies of each traffic complaint that is spoiled or on which any entry has been made and not issued to an alleged violator.

28-1558. Traffic complaints; disposition; records

A. On issuing a traffic complaint to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town, each traffic enforcement officer shall deposit the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.

B. On the deposit of the original or a copy of the traffic complaint with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the original or copy of the traffic complaint may be disposed of only by trial in the court or other official action by a judge of the court or a hearing officer, including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine or civil penalty to the traffic violations bureau by the person to whom the traffic complaint was issued.

C. It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic complaint or copies of a traffic complaint or of the record of the issuance of the complaint or copies in a manner other than as required by this article.

D. The chief administrative officer of each traffic enforcement agency shall require the return to the chief administrative officer of:

1. A copy of each traffic complaint issued by an officer under the chief administrative officer's supervision to an alleged violator of any traffic law or ordinance.

2. All copies of each traffic complaint that is spoiled or on which any entry has been made and not issued to an alleged violator.