Procedures Used by Law Enforcement Officers

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  1. Notwithstanding any other law to the contrary, a law enforcement officer observing a violation of a traffic law, ordinance, rule, or regulation by a nonresident shall issue a citation as appropriate and shall not, subject to subsection (b), require the nonresident to post collateral or bond to secure appearance for trial, but shall accept the nonresident's personal recognizance; provided, that the nonresident has the right upon request to post collateral or bond in a manner provided by law and in that case this part shall not apply.
  2. No nonresident shall be entitled to be released on personal recognizance if the offense is one that would result in the suspension or revocation of a person's license under the laws of this state.
  3. Upon the failure of the nonresident to comply with the citation, the law enforcement officer shall obtain a warrant for arrest and shall report the noncompliance to the department. The report of noncompliance shall clearly identify the nonresident; describe the violation, specifying the section of the statute, code, or ordinance violated; indicate the location and date of the offense; identify the vehicle involved; bear the signature of the law enforcement officer; and contain a copy of the personal recognizance signed by the nonresident.


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