Sec. 25-21. Arrest for misdemeanors; release on summons and promise to appear.
(a) Whenever any person is arrested, including an arrest on a warrant, for a violation of any provision of this chapter, the arresting officer shall, except as otherwise provided in section 25-24, or any other section of this chapter, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice, such time to be at least five (5) days after such arrest, unless the person arrested shall demand an earlier hearing, and such person shall, if he so desires, have a right to an immediate hearing or a hearing within twenty-four (24) hours at a convenient hour, and before a court having jurisdiction. Such officer shall thereupon and upon the giving by such person of his written promise to appear at such time and place, forthwith release him from custody.
(b) Notwithstanding subsection (a), if prior general approval has been granted for the use of this section by the court having jurisdiction as provided in this chapter, the arresting officer may appear before a justice of the peace or other issuing authority of the county or city in which the violation occurred and make an oath as to the offense and request the issuance of a warrant at any time prior to the return date of the summons or notice. A warrant for the violation shall then be issued by the justice of the peace or other issuing authority and forwarded forthwith to the court in which said offense is to be tried.
(c) Any person refusing to give such written promise to appear shall be taken immediately by the arresting or other police officer before the nearest or most accessible judicial officer or other person qualified to admit to bail having jurisdiction under this chapter.
(d) Any person who willfully violates his written promise to appear, given in accordance with this section, shall be guilty of a misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.
(e) Any officer violating any of the provisions of this section shall be guilty of misconduct in office and subject to removal therefrom upon complaint filed by any person in a court of competent jurisdiction. This section shall not be construed to limit the removal of a police officer for other misconduct in office. (Code 1959, § 20-36)
Last updated date: 10/23/2006 4:15:21 PM