§ 31-5-1204 — Authority to make arrest; general arrest procedures; arrest of nonresidents

Wyoming § 31-5-1204

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 5: REGULATION OF TRAFFIC ON HIGHWAYS
• Art. 12: OFFENSES, PENALTIES AND ENFORCEMENT

Text

(a) The authority of a police officer to make an arrest is
the same as upon an arrest for a felony when the officer has
reasonable and probable grounds to believe that the person
arrested has committed any of the following offenses and the
manner of making arrests shall be as in misdemeanor cases:
(i) Negligent homicide or homicide by vehicle;
(ii) Driving or being in actual physical control of a
vehicle while under the influence of alcohol or any substance as
prohibited by W.S. 31-5-233;
(iii) Failure to stop, failure to give information or
failure to render reasonable assistance, in the event of an
accident resulting in death or personal injuries as prescribed
in W.S. 31-5-1101 and 31-5-1103;
(iv) Failure to stop or give information in the event
of an accident resulting in damage to a vehicle or other
property as prescribed in W.S. 31-5-1102 through 31-5-1104;
(v) Reckless driving;
(vi) Racing on the highway; or
(vii) Willfully fleeing from or attempting to elude a
police officer.
(b) Whenever any person is arrested as authorized in this
section he shall be taken without unnecessary delay before the
proper court as specified in W.S. 31-5-1205(g), except that in
the case of any of the offenses designated in paragraphs (a)(iv)
through (vii) of this section, a police officer shall have the
same discretion as is provided in other cases in subsection (d)
of this section.
(c) Whenever any person is halted by a police officer for
any violation of this act, he shall be taken without unnecessary
delay before the proper court as specified in W.S. 31-5-1205(g),
in any of the following cases:
(i) When the person demands an immediate appearance
before a judge; or
(ii) In any other event when the person is issued a
traffic citation by a police officer and refuses to give his
promise to appear in court manifested by his refusal to accept
the citation.
(d) Whenever any person is halted by a police officer for
any violation of this act and is not required to be taken before
a court as provided by subsection (c) of this section, the
person shall, in the discretion of the officer, either be given
a traffic citation or be taken without unnecessary delay before
the proper judge, as specified in W.S. 31-5-1205(g), in any of
the following cases:
(i) When the person does not furnish satisfactory
evidence of identity or when the officer has reasonable and
probable grounds to believe the person will disregard a promise
to appear in court;
(ii) When the person is charged with a violation of
W.S. 31-5-959, relating to vehicles transporting hazardous
materials;
(iii) When the person is charged with a violation of
W.S. 31-18-804.
(e) A police officer who arrests a nonresident of this
state for any violation of this act may instead of issuing a
traffic citation containing notice to appear in court, take the
nonresident without unnecessary delay before the proper court,
as specified in W.S. 31-5-1205(g) or pursuant to W.S.
31-5-1205(h) require that the bond be posted in accord with an
adopted bond schedule and which may be accepted by the arresting
officer for delivery to the court.