When Arrested Person Must Be Taken Before a Magistrate — Admission to Bail
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Whenever any person is arrested for a violation of chapter 8 or parts 1-5 of this chapter, the arrested person shall be taken without unnecessary delay before a magistrate or judge within the county in which the offense charged is alleged to have been committed, who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made, in any of the following cases:
When a person arrested demands an immediate appearance before a magistrate or judge;
When the person is arrested upon a charge of criminally negligent homicide, voluntary manslaughter or murder;
When the person is arrested upon a charge of driving while under the influence of intoxicating liquor or narcotic drugs;
When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injury or damage to property; and
In any other event when the person arrested refuses to give written promise to appear in court as hereinafter provided.
Any person arrested and charged with violating any provision of chapters 8 and 9 of this title or §§ 55-10-103 — 55-10-310 who is taken before a magistrate or judge as provided in subsection (a) shall be admitted to bail by posting a cash bond, but in no case shall the cash bond exceed the maximum fine and costs for the offense or offenses for which the defendant is charged.