1.    Whenever an individual is halted for the violation of any of the provisions of chapters 39-01 through 39-13, 39-18, 39-21, and 39-24, or of equivalent city ordinances, the officer halting the individual, except as otherwise provided in section 39-07-09 and section 39-20-03.1 or 39-20-03.2, may:

Terms Used In North Dakota Code 39-07-07

  • Individual: means a human being. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Summons: Another word for subpoena used by the criminal justice system.

a.    Take the name and address of the individual; b.    Take the license number of the individual’s motor vehicle; and

c.    If a city ordinance or state criminal traffic violation, issue a summons or otherwise notify the individual in writing to appear at a time and place to be specified in the summons or notice or, if a state noncriminal traffic violation, notify the individual of the right to request a hearing when posting bond by mail.

    2.    A halting officer employed by a political subdivision of the state may not take an individual into custody or require the individual to proceed with the officer to any other location for the purpose of posting bond, if the traffic violation was a noncriminal offense under section 39-06.1-02. The officer shall offer to provide the individual with an envelope for use in mailing the bond.

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