(A) If a police officer observes facts which are believed to constitute a violation of the traffic ordinances of the town, committed by any person, whether a resident of this state or a non-resident, who is arrested by a law enforcement officer solely for a violation of a municipal traffic ordinance, such person shall be released by the arresting officer upon personal recognizance if:
(1) The arrested person has been issued a valid license to operate a motor vehicle by the state, another state jurisdiction within the United States, or any participating jurisdiction of the Non-Resident Violator Compact;
(2) The arresting officer is satisfied as to the identity of the arrested person;
(3) The arrested person signs a written promise to appear, as provided for on the citation; and
(4) The violation does not constitute:
(a) A felony;
(b) Negligent homicide;
(c) Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances;
(d) Eluding, or attempting to elude, a law enforcement officer;
(e) Operating a motor vehicle without having been issued a valid driver’s license, or while the license is under suspension, revocation, denial, or cancellation;
(f) An arrest based upon an outstanding warrant;
(g) A traffic violation coupled with an offense stated in divisions (A) through (F) of this section;
(h) An overweight violation, or the violation of a special permit exceeding the authorized permit weight; or
(i) A violation relating to the transportation of hazardous materials.
(B) If the arrested person is eligible for release on personal recognizance as provided for in division (A) above, then the arresting officer shall, in writing, in a form prescribed by the Town Board of Trustees, or a duly designated delegate:
(1) Designate the traffic charge;
(2) Record information from the arrested person’s driver’s license on the citation form, including the names, address, date of birth, personal description, type of driver’s license, driver’s license number, issuing state, and expiration date;
(3) Record the motor vehicle make, model, and tag information;
(4) Record the arraignment date and time on the citation; and
(5) Permit the arrested person to sign a written promise to appear as provided for in the citation. The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance, based upon a signed written promise to appear for arraignment, is conditional, and that failure to timely appear for arraignment shall result in the suspension of the arrested person’s driver’s license in the state, or in the non-resident’s home state pursuant to the Non-Resident Violator Compact.
(C) The Court, or the Court Clerk, as directed by the Court, may continue or re-schedule the date and time of arraignment upon request of the arrested person or an attorney. If the arraignment is continued or re-scheduled, the arrested person shall remain on personal recognizance and written promise to appear until such arraignment, in the same manner and with the same consequences as if the continued or re-scheduled arraignment were entered on the citation by the arresting officer and signed by the defendant. An arraignment may be continued or re-scheduled more than one time; provided, however, that the Court shall require an arraignment to be had within a reasonable time. It shall remain the duty of the defendant to appear for arraignment unless the citation is satisfied, as provided for in division (D) below.
(D) 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 a requirement to appear for arraignment, by indicating such plea on the copy of the furnished citation, or on a legible copy thereof, together with the date of the plea and a 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, that 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 division (D), such plea shall be accepted by the Court, and the amount of the fine and costs shall be as prescribed in this chapter as bail for the violation. If the defendant pays the fine and costs in the manner prescribed by this division (D), but fails to indicate his or her plea on the copy of the furnished citation, or fails to sign or date the plea entered on the copy of the furnished citation then, upon receipt of payment of the fine and costs by the Court Clerk, the defendant shall be deemed to have entered a plea of guilty to the violation charged.
(E) If, pursuant to the provisions of division (D) above, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter; the Municipal Court Clerk, within 120 calendar days from the date the citation was issued by the arresting officer, shall notify the Department of Public Safety that:
(1) The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment, as provided for in the citation;
(2) The defendant has failed to appear for arraignment without good cause shown;
(3) The violation related to parking or standing, an overweight violation, an overweight permit, or the transportation of hazardous materials; and
(4) The citation has not been satisfied, as provided by law.
(F) 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 this 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.
(G) The Court Clerk shall not process the notification and request provided for in this division (G) if, with respect to such charges:
(1) The defendant was arraigned, posted bail, paid a fine, was failed, or otherwise settled the case;
(2) The defendant was not released upon personal recognizance upon a signed written promise to appear, as provided for in this section, or if released, was not permitted to remain on such personal recognizance for arraignment;
(3) The violation related to parking or standing, an overweight violation, an overweight permit, or the transportation of hazardous materials; or
(4) A period of 120 calendar days or more has elapsed from the date the citation was issued by the arresting officer.
(H) The Municipal Court Clerk shall maintain a record of each request for driver’s license suspension submitted to the Department of Public Safety pursuant to the provisions of this section. When the Court or Court Clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant, or otherwise closes the case, the Court Clerk shall furnish proof thereof to such defendant, if the defendant personally appears, or shall mail such proof by First Class mail, postage prepaid, to the defendant at the address noted on the citation, or at such other address as is furnished by the defendant. Additionally, the Court or Court Clerk shall notify the home jurisdiction of the defendant, as listed on the citation, if such jurisdiction is a member of the Non-Resident Violator Compact, and shall, in all other cases, notify the Department of the resolution of the case. The form of proof and the procedures for notification shall be approved by the Department of Public Safety; provided, however, that the Court or Court Clerk’s failure to furnish such proof or notice in the manner provided for in this division (H) shall in no event create any civil liability upon the Court, the Court Clerk, the state, or any political subdivision thereof, or any State Department or Agency, or employee thereof. Duplicate proof shall be furnished to the person entitled thereto, upon request.
(Prior Code, Ch. 12, Art. 2, § 18)