8-2104.When person to be taken before judge of district court;
arrest at discretion of officer, when; traffic citation only in certain cases.
(a) When a person is stopped by a law enforcement officer for any violation
of any provision
of the uniform act regulating
traffic on highways not amounting
to a felony, the person shall be taken into custody and taken without
unnecessary delay before a judge of the district court, as specified in
subsection (d) of K.S.A. 8-2106, and amendments thereto if:
(1) Such person demands an immediate appearance before a judge; or
(2) such person is to be charged with a violation of K.S.A.
8-1567 and 8-1568, and amendments
thereto.
(b) When any person is stopped by a law enforcement
officer for any violation of
any provision of the uniform act regulating traffic on highways,
which violation is a misdemeanor,
and is not required to be taken before a judge of the district court as
provided in subsection (a), the person, in the discretion of the law
enforcement officer, may be taken
into custody and taken without unnecessary delay before a judge of the district
court, as specified
in subsection (d) of K.S.A. 8-2106, and amendments thereto.
(c) When any person is stopped by a law enforcement
officer for any violation
of any provision of the uniform act regulating traffic on highways,
which violation is a traffic infraction,
and is not required to be taken before a judge of the district court as
provided in subsection (a), the person shall not be taken
before a judge of the district court.
(d) When any person is stopped by a law enforcement officer and is to be
charged with violation of
any statute defining a traffic violation which is a felony,
the person shall be taken without
unnecessary delay before a judge of the district court as specified in
subsection (d) of K.S.A. 8-2106, and amendments thereto.
History: L. 1974, ch. 33, § 8-2104; L. 1976, ch. 145, § 32;
L. 1984, ch. 39, § 21;
L. 1988, ch. 50, § 1;
L. 1991, ch. 43, § 1; July 1.
8-2104.When person to be taken before judge of district court;
arrest at discretion of officer, when; traffic citation only in certain cases.
(a) When a person is stopped by a law enforcement officer for any violation
of any provision
of the uniform act regulating
traffic on highways not amounting
to a felony, the person shall be taken into custody and taken without
unnecessary delay before a judge of the district court, as specified in
subsection (d) of K.S.A. 8-2106, and amendments thereto if:
(1) Such person demands an immediate appearance before a judge; or
(2) such person is to be charged with a violation of K.S.A.
8-1567 and 8-1568, and amendments
thereto.
(b) When any person is stopped by a law enforcement
officer for any violation of
any provision of the uniform act regulating traffic on highways,
which violation is a misdemeanor,
and is not required to be taken before a judge of the district court as
provided in subsection (a), the person, in the discretion of the law
enforcement officer, may be taken
into custody and taken without unnecessary delay before a judge of the district
court, as specified
in subsection (d) of K.S.A. 8-2106, and amendments thereto.
(c) When any person is stopped by a law enforcement
officer for any violation
of any provision of the uniform act regulating traffic on highways,
which violation is a traffic infraction,
and is not required to be taken before a judge of the district court as
provided in subsection (a), the person shall not be taken
before a judge of the district court.
(d) When any person is stopped by a law enforcement officer and is to be
charged with violation of
any statute defining a traffic violation which is a felony,
the person shall be taken without
unnecessary delay before a judge of the district court as specified in
subsection (d) of K.S.A. 8-2106, and amendments thereto.
History: L. 1974, ch. 33, § 8-2104; L. 1976, ch. 145, § 32;
L. 1984, ch. 39, § 21;
L. 1988, ch. 50, § 1;
L. 1991, ch. 43, § 1; July 1.
8-2104.When person to be taken before judge of district court;
arrest at discretion of officer, when; traffic citation only in certain cases.
(a) When a person is stopped by a law enforcement officer for any violation
of any provision
of the uniform act regulating
traffic on highways not amounting
to a felony, the person shall be taken into custody and taken without
unnecessary delay before a judge of the district court, as specified in
subsection (d) of K.S.A. 8-2106, and amendments thereto if:
(1) Such person demands an immediate appearance before a judge; or
(2) such person is to be charged with a violation of K.S.A.
8-1567 and 8-1568, and amendments
thereto.
(b) When any person is stopped by a law enforcement
officer for any violation of
any provision of the uniform act regulating traffic on highways,
which violation is a misdemeanor,
and is not required to be taken before a judge of the district court as
provided in subsection (a), the person, in the discretion of the law
enforcement officer, may be taken
into custody and taken without unnecessary delay before a judge of the district
court, as specified
in subsection (d) of K.S.A. 8-2106, and amendments thereto.
(c) When any person is stopped by a law enforcement
officer for any violation
of any provision of the uniform act regulating traffic on highways,
which violation is a traffic infraction,
and is not required to be taken before a judge of the district court as
provided in subsection (a), the person shall not be taken
before a judge of the district court.
(d) When any person is stopped by a law enforcement officer and is to be
charged with violation of
any statute defining a traffic violation which is a felony,
the person shall be taken without
unnecessary delay before a judge of the district court as specified in
subsection (d) of K.S.A. 8-2106, and amendments thereto.
History: L. 1974, ch. 33, § 8-2104; L. 1976, ch. 145, § 32;
L. 1984, ch. 39, § 21;
L. 1988, ch. 50, § 1;
L. 1991, ch. 43, § 1; July 1.