[§286-10]  Arrest or citation.  Exceptwhen required by state law to take immediately before a district judge a personarrested for violation of any provision of this chapter, including any ruleadopted pursuant to this chapter, any person authorized to enforce theprovisions of this chapter, hereinafter referred to as enforcement officer,upon arresting a person for violation of any provision of this chapter,including any rule adopted pursuant to this chapter shall issue to the allegedviolator a summons or citation printed in the form hereinafter described,warning the alleged violator to appear and answer to the charge against thealleged violator at a certain place and at a time within seven days after sucharrest.

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 alleged 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 of the original and any othercopy.

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 any provisionof this chapter, including any rule adopted pursuant to this chapter, shall beguilty of a misdemeanor.

If any person fails to comply with a summons orcitation issued to such person, or if any person fails or refuses to depositbail as required, the enforcement officer shall cause a complaint to be enteredagainst such person and secure the issuance of a warrant for the person'sarrest.

When a complaint is made to any prosecutingofficer of the violation of any provision of this chapter, including any ruleadopted hereunder, the enforcement officer who issued the summons or citationshall subscribe to it under oath administered by another official of thedepartment of transportation whose name has been submitted to the prosecutingofficer and who has been designated by the director to administer the same. [L1979, c 119, §4; gen ch 1985]

 

Cross References

 

  Nonresident violator compact, see chapter 291A.

 

Case Notes

 

  "Arrest" may involve either (1) taking the allegedviolator into extended physical custody or (2) issuing the individual acitation.  84 H. 295, 933 P.2d 632.

  Police officers have authority to order alleged violators outof their vehicles in the case of traffic-related criminal offenses, but not inthe case of traffic violations or when statutorily required to issue acitation.  84 H. 295, 933 P.2d 632.