A. When Required; Contents; When Permissible:
1. Issuance By Police Officer: Whenever a person is halted by a police officer for any violation of this chapter the officer shall prepare a written traffic citation containing a notice to appear in court.
2. Time Specified To Appear: The time specified in the notice to appear must be at least five (5) days after the alleged violation unless the person charged with the violation shall demand an earlier hearing.
3. Place Of Appearance: The place specified in the notice to appear must be before the municipal judge of the town.
4. Written Promise To Appear: The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written traffic citation prepared by the officer, in which event the officer shall deliver a copy of the citation to the person, and thereupon, the officer shall not take the person into physical custody for the violation.
5. Unavailability Of Judge: Whenever a person is taken into custody by an officer for the purpose of taking him before a judge and no judge is available at the time of arrest, and there is no bail schedule established by the judge and no other lawful person is available and authorized to accept bail upon behalf of the judge, the person shall be released from custody upon the issuance to him of a written traffic citation and his signing a promise to appear as provided herein. (1987 Code § 8-120)
B. Appearance:
1. Violation Of Written Promise: It shall be unlawful for any person to violate his written promise to appear given to an officer upon the issuance of a traffic citation regardless of the disposition of the charge for which such citation was originally issued.
2. Appearance By Counsel: A written promise to appear in court may be complied with by an appearance by counsel. (1987 Code § 8-121)
C. Fine Schedule: The municipal judge shall designate the specified offenses under this title and other traffic ordinances of the town, and shall specify, by suitable schedules, the amount of such fines for first, second, and subsequent offenses, provided such fines are within the limits declared by state law or this code or other ordinances of the town, and shall further specify what offenses shall require appearance before the municipal judge. (1987 Code § 8-122)
D. Failure To Comply: In the event any person fails to comply with a notice given to such person or attached to a vehicle or fails to make appearance in the traffic court, or if any person fails or refuses to deposit bail as required and within the time permitted by the provisions of this code or other town ordinance, the municipal judge shall forthwith issue a bench warrant for his arrest. (1987 Code § 8-123)
E. Disposition: All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this title shall be paid to the town clerk-treasurer and deposited in the general fund of the town. (1987 Code § 8-124)
Notes
| 1 | 1. WS §§ 31-5-1205 and 31-5-1207. |