§ 55-08-16 — Uniform complaint and summons - Promise to appear - Penalty

There is hereby established a uniform complaint and summons which may be used in cases
involving violations of this chapter. Whenever the complaint and summons established by this

section is used, the provisions of the North Dakota Rules of Criminal Procedure relating to
arrests without warrants do not apply, and the magistrates or state's attorneys are not required
to make another complaint of the offense charged in the uniform complaint and summons. The
uniform complaint and summons must be of a form prescribed by the director and approved by
the attorney general. The time of court appearance to be specified in the summons must be at
least five days after the issuance of such summons unless the defendant demands an earlier
hearing. Upon receipt from the defendant of written promise to appear at the time and place
specified in the summons, the defendant must be released from custody. After signing a
promise to appear, the defendant must be given a copy of the uniform complaint and summons.
Any person refusing to give such written promise to appear may be arrested if proper cause
exists, or proceeded against by complaint and warrant of arrest issued as provided in the North
Dakota Rules of Criminal Procedure. Defendant's failure to appear at the time and place
designated after signing a promise to appear is a class B misdemeanor. The uniform summons
and complaint may not be used if the officer, acting within the officer's discretion, has reason to
believe the defendant will not be subject to arrest upon a warrant issued by a magistrate. The
halting officer shall immediately take any person not released upon the person's promise to
appear before the nearest or most accessible magistrate.