§266-24.1  Arrest or citation. Except when required by state law to take immediately before a district judge aperson arrested for a violation of any provision of this part, including anyrule or regulation adopted and promulgated pursuant to this part, any personauthorized to enforce the provisions of this part, hereinafter referred to asenforcement officer, upon arresting a person for violation of any provision ofthis part, including any rule or regulation adopted and promulgated pursuant tothis part shall, in the discretion of the enforcement officer, either (1) issueto 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 other copies.

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 by theenforcement officer, upon the person's arrest for violation of any provision ofthis part, including any rule or regulation promulgated pursuant to this part,shall be guilty of a misdemeanor and, on conviction, shall be fined not morethan $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.

When a complaint is made to any prosecutingofficer of the violation of any provision of this part, including any rule orregulation promulgated thereunder, the enforcement officer who issued thesummons or citation shall subscribe to it under oath administered by anotherofficial of the department of transportation whose names have been submitted tothe prosecuting officer and who have been designated by the director oftransportation to administer the same. [L 1969, c 243, §1; am L 1970, c 188,§39; am L 1974, c 58, §2; gen ch 1985]

 

Cross References

 

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