40-18-19. Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.
221 words·~1 min read·
/sd/title-40/chapter-40-18/40-18-19A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a resident of this state is arrested for a violation of any provision of chapters 40-19 to 40-22 , inclusive, or any provision of chapter 40-29 , punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.
A nonresident arrested for a violation of chapters 40-19 to 40-22 , inclusive, or any provision of chapter 40-29 , punishable as a misdemeanor, may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
The officer shall utilize a uniform form approved by the attorney general for complaints and summons regarding a violation of any provision of chapters 40-19 to 40-22 , inclusive, or the provisions of chapter 40-29 , punishable as a misdemeanor.