§266-24.1  Arrest or citation.  (a)  Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce the provisions of this part, hereinafter referred to as an "enforcement officer", upon arresting a person for violation of any provision of this part, including any rule adopted pursuant to this part, shall in the discretion of the enforcement officer:

     (1)  Issue to the purported violator a summons or citation, printed in the form hereinafter described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after the arrest; or

     (2)  Take the purported violator without unnecessary delay before a district judge.

     (b)  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 include all necessary information.  The form and content of the summons or citation shall be adopted or prescribed by the district courts.

     Summonses and citations shall be consecutively numbered, and the carbon copy or copies of each shall bear the same number.

     (c)  The original of a summons or citation shall be given to the purported 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 for the original and any other copies.

     (d)  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 part, including any rule adopted pursuant to this part, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000, or be imprisoned not more than six months, or both.

     If any person fails to comply with a summons or citation issued to the person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.

     (e)  When a complaint is made to any prosecuting officer of the violation of any provision of this part, including any rule adopted thereunder, 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 of transportation to administer the oath. [L 1969, c 243, §1; am L 1970, c 188, §39; am L 1974, c 58, §2; gen ch 1985; am L 2020, c 70, §17]

Cross References

  Classification of offense and authorized punishment, see §§701-107, 706-640, and 706-663.