[§261-17.5]  Arrest or citation.  Except
when required by state law to take immediately before a district judge a person
arrested for a violation of any provision of this chapter, including any rule
or regulation adopted and promulgated pursuant to this chapter, any person
authorized to enforce the provisions of this chapter, hereinafter referred to
as enforcement officer, upon arresting a person for violation of any provision
of this chapter, including any rule or regulation adopted and promulgated pursuant
to this chapter shall, in the discretion of the enforcement officer, either (1)
issue to the purported violator a summons or citation, printed in the form
hereinafter described, warning the purported violator to appear and answer to
the charge against the purported violator at a certain place and at a time
within seven days after such arrest, or (2) take the purported violator without
unnecessary delay before a district judge.



The summons or citation shall be printed in a
form comparable to the form of other summonses and citations used for arresting
offenders and shall be designed to provide for inclusion of all necessary
information.  The form and content of such summons or citation shall be adopted
or prescribed by the district courts.



The original of a summons or citation shall be
given to the purported violator and the other copy or copies distributed in the
manner prescribed by the district courts; provided that the district courts may
prescribe alternative methods of distribution for the original and any other
copies.



Summonses and citations shall be consecutively
numbered and the carbon copy or copies of each shall bear the same number.



Any person who fails to appear at the place and
within the time specified in the summons or citation issued to the person by
the enforcement officer, upon the person's arrest for violation of any
provision of this chapter, including any rule or regulation promulgated
pursuant to this chapter, shall be guilty of a misdemeanor and, on conviction,
shall be fined not more than $1,000, or be imprisoned not more than six months,
or both.



In the event any person fails to comply with a
summons or citation issued to such person, or if any person fails or refuses to
deposit bail as required, the enforcement officer shall cause a complaint to be
entered against such person and secure the issuance of a warrant for the
person's arrest. [L 1970, c 151, §1 and c 188, §39; gen ch 1985]



 



Cross References



 



  Classification of offense and authorized punishment, see
§§701-107, 706-640, 663.