When Officer Has Option to Take Person Before a Judge

When Officer Has Option to Take Person Before a Judge. Whenever any person is halted by a police officer for any violation of this title and elects not to be taken before a judge pursuant to 9 CMC § 1302, the person shall, in the discretion of the officer, either be given a traffic citation as provided in 9 CMC § 1304, or be taken without unnecessary delay before the proper judge, as specified in 9 CMC § 1305, in any of the following cases: (a) When the person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will refuse or disregard a legal obligation to appear in court; (b) When the person is charged with a violation of 9 CMC § 4113, relating to vehicles transporting hazardous materials; (c) When the person is charged with a violation of 9 CMC § 3104, relating to the refusal of an operator of a vehicle to submit the vehicle to an inspection and test. Source: PL 3-61, § 1 (§ 116); amended by PL 20-45 § 3(b) (Mar. 14, 2018). Commission Comment: PL 20-45 included the following Statutory Construction section: “Section 4. Statutory Construction. The provisions of this Act shall be construed to effectuate its remedial purposes.”