§291C-165  Summons or citation.  (a) 
There shall be provided for use by authorized police officers, a form of
summons or citation for use in citing violators of those traffic laws which do
not mandate the physical arrest of such violators.  The form and content of
such summons or citation shall be as adopted or prescribed by the
administrative judge of the district courts and shall be printed on a form
commensurate with the form of other summonses or citations used in modern
methods of arrest, so designed to include all necessary information to make the
same 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, the
original of the citation shall be affixed to the vehicle as provided for in
section 291C-167; or



(2)  In the case of:



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



(B)  A vehicle illegally utilizing a parking
space reserved for persons with disabilities, where the violator refuses the
citation;



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



(c)  Every citation shall be consecutively
numbered 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 L
1997, 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 violation
stop not impermissible under this section as there is nothing in this section's
language or legislative history to indicate that the section was intended to
preclude or limit an officer from performing any of the officer's other duties
or carrying out the other standard procedures of the officer's employment.  98
H. 337, 48 P.3d 584.