§291C-165  Summons or citation.  (a) There shall be provided for use by authorized police officers, a form ofsummons or citation for use in citing violators of those traffic laws which donot mandate the physical arrest of such violators.  The form and content ofsuch summons or citation shall be as adopted or prescribed by theadministrative judge of the district courts and shall be printed on a formcommensurate with the form of other summonses or citations used in modernmethods of arrest, so designed to include all necessary information to make thesame valid within the laws and regulations of the State.

(b)  In every case when a citation is issued,the original of the citation shall be given to the violator; provided that:

(1)  In the case of an unattended vehicle, theoriginal of the citation shall be affixed to the vehicle as provided for insection 291C-167; or

(2)  In the case of:

(A)  A vehicle utilizing the high occupancyvehicle lane illegally; or

(B)  A vehicle illegally utilizing a parkingspace reserved for persons with disabilities, where the violator refuses thecitation;

the original of the citation shall be sent bycertified or registered mail, with a return receipt that is postmarked withinforty-eight hours of the time of the incident, as provided in section 291C-223for vehicles illegally utilizing the high occupancy vehicle lane, or withinseventy-two hours of the time of the incident for vehicles illegally utilizinga parking space reserved for persons with disabilities, to the registered ownerof the vehicle at the address on record at the vehicle licensing division.  Ifthe end of the applicable forty-eight or seventy-two hour period falls on aSaturday, Sunday, or holiday, then the ending period shall run until the end ofthe next day which is not a Saturday, Sunday, or holiday; provided that theadministrative judge of the district courts may allow a carbon copy of thecitation to be given to the violator or affixed to the vehicle and provide forthe disposition of the original and any other copies of the citation.

(c)  Every citation shall be consecutivelynumbered and each carbon copy shall bear the number of its respective original.[L 1978, c 111, pt of §2; am L 1993, c 224, §§4, 6; am L 1995, c 25, §1; am L1997, c 309, §4; am L 1999, c 263, §6; am L 2000, c 240, §4; am L 2002, c 58,§2; am L 2003, c 30, §11]

 

Case Notes

 

  A warrant check by police officer during a traffic violationstop not impermissible under this section as there is nothing in this section'slanguage or legislative history to indicate that the section was intended topreclude or limit an officer from performing any of the officer's other dutiesor carrying out the other standard procedures of the officer's employment.  98H. 337, 48 P.3d 584.