(a) A peace officer may issue a citation for a violation of Alaska Stat. § 18.35.301, 18.35.311, or 18.35.326 committed in the officer’s presence or for a violation of Alaska Stat. § 18.35.306. The provisions of Alaska Stat. § 12.25.175 – 12.25.230 apply to the issuance of a citation under this subsection.
Terms Used In Alaska Statutes 18.35.341
Arrest: Taking physical custody of a person by lawful authority.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Conviction: A judgement of guilt against a criminal defendant.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(b) An employee of the department designated by the commissioner to enforce the provisions of Alaska Stat. § 18.35.301 – 18.35.399 may issue a citation for a violation of Alaska Stat. § 18.35.301, 18.35.306, 18.35.311, or 18.35.326 regardless of whether the violation was committed in the employee’s presence. A citation issued under this subsection shall be in the same form and shall be processed in the same manner as a citation issued by a peace officer under (a) of this section. An employee of the department may not arrest a person for a violation of Alaska Stat. § 18.35.301, 18.35.306, 18.35.311, or 18.35.326. (c) A person who violates Alaska Stat. § 18.35.301, 18.35.306, 18.35.311, or 18.35.326 is guilty of a violation as defined in Alaska Stat. § 11.81.900 (b) and upon conviction is punishable by a fine of $50 for a violation of Alaska Stat. § 18.35.301, by a fine of not less than $50 nor more than $300 for a violation of Alaska Stat. § 18.35.306 or 18.35.311, and by a fine of not more than $500 for a violation of Alaska Stat. § 18.35.326 . Each day a violation of Alaska Stat. § 18.35.306 or 18.35.311 continues after a citation for the violation has been issued constitutes a separate violation.(d) The supreme court shall establish a schedule of bail amounts for violations of Alaska Stat. § 18.35.301, 18.35.306, 18.35.311, and 18.35.326, but in no event may the bail amount exceed the maximum fine that may be imposed for the violation under (c) of this section. The bail amount for a violation must appear on the citation.(e) If a person cited for a violation under this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed
(1) the amount of bail indicated on the citation for that violation; and(2) a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited.(f) When bail has been forfeited under (e) of this section, a judgment of conviction shall be entered. Forfeiture of bail is a complete satisfaction for the violation. The clerk of the court accepting the bail shall provide the violator with a receipt stating that fact if requested.(g) A person cited under this section is guilty of failure to obey a citation under Alaska Stat. § 12.25.230 if the person fails to pay the bail amount established under (d) of this section or fails to appear in court as required.
