§ 39-07-08 — Hearing - Time - Promise of defendant to appear - Failure to appear - Penalty

North Dakota § 39-07-08

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-07: General Regulations Governing Traffic

Text

Penalty.
The time to be specified in the summons or notice provided for in section 39-07-07 must be
within thirty-five days after the issuance of the summons or notice or earlier if so ordered by the
magistrate of the city or county having jurisdiction over the offense or if the person halted
demands an earlier hearing. If the person halted desires, the person may have the right, at a
convenient hour, to an immediate hearing or to a hearing within twenty-four hours. The hearing
must be before a magistrate of the city or county in which the offense was committed. If an
immediate hearing is demanded, a district judge serving the county, with the consent of the
respective prosecuting attorneys, may order the hearing to be held in any of the counties in
which the district judge has jurisdiction, rather than in the county where the offense was
allegedly committed. Upon the receipt from the person halted of a written promise to appear at
the time and place mentioned in the summons or notice, the officer shall release the person
from custody. Any person refusing to give a written promise to appear must be taken
immediately by the halting officer before the nearest or most accessible magistrate, or to such
other place or before such other person as may be provided by a statute or ordinance
authorizing the giving of bail. Any person willfully violating the person's written promise to
appear is guilty of a class B misdemeanor, regardless of the disposition of the charge upon
which the person originally was halted. The time limitations for a hearing as provided by this
section do not preclude a recharging of the alleged violation if the person being charged
receives a new summons or notice subject to the provisions of this section.