(A) A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before he or she is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or her or a legible copy thereof, together with the date of the plea and his or her signature. The defendant shall be responsible for assuring full payment of the fine and costs to the appropriate Court Clerk. Payment of the fine and costs may be made by personal, cashier’s, traveler’s, certified or guaranteed bank check, postal or commercial money order or other form of payment approved by the Court in an amount prescribed as bail for the offense; provided, however, the defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere as provided for in this section, such plea shall be accepted by the Court and the amount of the fine and costs shall be:
(1) In case of a municipal violation, as prescribed by municipal ordinance for the violation charged; or
(2) In the absence of such law or ordinance, then as prescribed by the Court.
(B) (1) If, pursuant to the provisions of division (A) above, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, the Court may issue a warrant for the arrest of the defendant, and the Municipal or District Court Clerk, within 120 calendar days from the date the citation was issued by the arresting officer or within 120 days of the Court date, shall notify the Department of Public Safety that:
(a) The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided in the citation;
(b) The defendant has failed to appear for arraignment without good cause shown;
(c) The defendant has not posted bail, paid a fine or made any other arrangement with the Court to satisfy the citation; and
(d) The citation has not been satisfied as provided by law.
(2) Additionally, the Court Clerk shall request the Department of Public Safety to either suspend the defendant’s driver’s license to operate a motor vehicle in the state, or notify the defendant’s home state and request suspension of the defendant’s driver’s license in accordance with the provisions of the non-resident violator compact. Such notice and request shall be on a form approved or furnished by the Department of Public Safety.
(3) The Court Clerk shall not process the notification and request provided in divisions (B)(1) and (B)(2) above if, with respect to such charges:
(a) The defendant was arraigned, posted bail, paid a fine, was jailed or otherwise settled the case;
(b) The defendant was not released upon personal recognizance upon a signed written promise to appear as provided in this section or, if released, was not permitted to remain on such personal recognizance for arraignment;
(c) The violation relates to parking or standing, an overweight violation, an overweight permit or the transportation of hazardous materials; or
(d) A period of 120 calendar days or more has elapsed from the date the citation was issued by the arresting officer or 120 days from the court date.
(Prior Code, § 1-7-14)