Iowa Code 321.485 – Notice to appear — promise to appear
Current as of: 2023 | Check for updates
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1. Whenever a peace officer has reasonable cause to believe that a person has violated any provision of this chapter punishable as a simple, serious, or aggravated misdemeanor, such officer may:
a. Immediately arrest such person and take the person before a magistrate; or
b. Without arresting the person, either
(1) Prepare a written citation to appear in court containing the name and address of such person, the driver‘s license number, if any, the registration number, if any, of the person’s vehicle, the offense charged, and the time and place the person shall appear in court; or
(2) Prepare a memorandum of the alleged traffic violation containing the name and address of such person, the registration number, if any, of the person’s vehicle, the offense alleged to have been committed, and such other information as may be prescribed by the commissioner of public safety with the concurrence of the director of transportation.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 321.485
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the state department of transportation. See Iowa Code 321H.2
- Director: means the director of the department. See Iowa Code 321I.1
- Driver: means a person who operates a motor vehicle for the transportation of railroad workers in the motor vehicle on behalf of a railroad worker transportation company, whether the person is employed by the company for wages or drives for the company as an independent contractor. See Iowa Code 327F.39
- Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- Summons: Another word for subpoena used by the criminal justice system.
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2. If the officer prepares either a citation or a memorandum as provided in this section, the alleged offender shall be requested to sign it. If the person signs, the person may be released without arrest. In case a citation is issued, the signing shall constitute a written promise to appear as stated in the citation. A copy of the citation shall be presented to the person named therein. If a memorandum is prepared, the original shall be retained by the officer, and a copy shall be sent to the department, and a copy shall be presented to the person named therein.
3. For preparing the summons or memorandum referred to in this section, there shall be charged to the person named in the summons or memorandum, upon conviction, a fee of two dollars. The fee shall be assessed as part of the court costs.
4. The number of copies and the form of the citations and memorandums authorized by this section shall be as prescribed by the commissioner of public safety with the concurrence of the director of transportation.
5. This section shall not apply to a traffic offense which must be charged upon a uniform citation and complaint as provided in section 805.6.