[§286-10]  Arrest or citation.  Except
when required by state law to take immediately before a district judge a person
arrested for violation of any provision of this chapter, including any rule
adopted 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 adopted pursuant to this chapter shall issue to the alleged
violator a summons or citation printed in the form hereinafter described,
warning the alleged violator to appear and answer to the charge against the
alleged violator at a certain place and at a time within seven days after such
arrest.



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 alleged 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 of the original and any other
copy.



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 adopted pursuant to this chapter, shall be
guilty of a misdemeanor.



If 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.



When a complaint is made to any prosecuting
officer of the violation of any provision of this chapter, including any rule
adopted hereunder, the enforcement officer who issued the summons or citation
shall subscribe to it under oath administered by another official of the
department of transportation whose name has been submitted to the prosecuting
officer and who has been designated by the director to administer the same. [L
1979, c 119, §4; gen ch 1985]



 



Cross References



 



  Nonresident violator compact, see chapter 291A.



 



Case Notes



 



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



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