§ 39-07-09 — Offenses under which person halted may not be entitled to release upon promise to appear

North Dakota § 39-07-09

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

Text

promise to appear.
Section 39-07-07 does not apply to a person if:
1. The halting officer has good reason to believe the person guilty of any felony or if the
person is halted and charged with an offense listed in section 39-06.1-05 but not listed
in subsection 2; or
2. The halting officer, acting within the officer's discretion, determines that it is inadvisable
to release the person upon a promise to appear and if the person has been halted and
charged with any of the following offenses:
a. Reckless driving.
b. Driving in excess of speed limitations established by the state or by local
authorities in their respective jurisdictions.
c. Driving while license or driving privilege is suspended or revoked for violation of
section 39-06-42, or an equivalent ordinance.
d. Driving without liability insurance in violation of section 39-08-20.
e. Failing to display a placard or flag, in violation of any rule implementing section
39-21-44, while transporting explosive or hazardous materials.
f. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46.
The halting officer forthwith shall take any person not released upon a promise to appear before
the nearest or most accessible magistrate.