[§261-17.5]  Arrest or citation.  Exceptwhen required by state law to take immediately before a district judge a personarrested for a violation of any provision of this chapter, including any ruleor regulation adopted and promulgated pursuant to this chapter, any personauthorized to enforce the provisions of this chapter, hereinafter referred toas enforcement officer, upon arresting a person for violation of any provisionof this chapter, including any rule or regulation adopted and promulgated pursuantto this chapter shall, in the discretion of the enforcement officer, either (1)issue to the purported violator a summons or citation, printed in the formhereinafter described, warning the purported violator to appear and answer tothe charge against the purported violator at a certain place and at a timewithin seven days after such arrest, or (2) take the purported violator withoutunnecessary delay before a district judge.

The summons or citation shall be printed in aform comparable to the form of other summonses and citations used for arrestingoffenders and shall be designed to provide for inclusion of all necessaryinformation.  The form and content of such summons or citation shall be adoptedor prescribed by the district courts.

The original of a summons or citation shall begiven to the purported violator and the other copy or copies distributed in themanner prescribed by the district courts; provided that the district courts mayprescribe alternative methods of distribution for the original and any othercopies.

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

Any person who fails to appear at the place andwithin the time specified in the summons or citation issued to the person bythe enforcement officer, upon the person's arrest for violation of anyprovision of this chapter, including any rule or regulation promulgatedpursuant 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 asummons or citation issued to such person, or if any person fails or refuses todeposit bail as required, the enforcement officer shall cause a complaint to beentered against such person and secure the issuance of a warrant for theperson'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.