49-1408. ARREST OF NONRESIDENT. (1) All of the provisions of this title apply both to residents and nonresidents of Idaho, except the special provisions in this section which shall govern misdemeanor violations in respect to nonresidents under the circumstances stated.
(2) A peace officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this title in connection with the accident, and if the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
(3) Whenever any person is arrested under the provisions of this section, he shall be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code.
History:
[49-1408, added 1988, ch. 265, sec. 344, p. 747.]
Structure Idaho Code
Chapter 14 - TRAFFIC — ENFORCEMENT AND GENERAL PROVISIONS
Section 49-1401 - RECKLESS DRIVING.
Section 49-1401A - DISTRACTED DRIVING.
Section 49-1402 - PARTIES TO A CRIME.
Section 49-1403 - OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES.
Section 49-1404 - FLEEING OR ATTEMPTING TO ELUDE A PEACE OFFICER — PENALTY.
Section 49-1405 - ARRESTS FOR SERIOUS OFFENSES.
Section 49-1406 - WHEN PERSON MUST BE TAKEN IMMEDIATELY BEFORE A MAGISTRATE.
Section 49-1407 - WHEN PEACE OFFICER HAS OPTION TO TAKE PERSON BEFORE A MAGISTRATE.
Section 49-1408 - ARREST OF NONRESIDENT.
Section 49-1409 - ISSUANCE OF TRAFFIC CITATION.
Section 49-1410 - AUTHORITY OF OFFICER TO ISSUE CITATION AT SCENE OF ACCIDENT.
Section 49-1411 - APPEARANCE BEFORE MAGISTRATE — PROCEDURE.
Section 49-1412 - RELEASE OF DEFENDANT WHEN MAGISTRATE NOT AVAILABLE.
Section 49-1413 - PROCEDURE PRESCRIBED NOT EXCLUSIVE.
Section 49-1414 - CONVICTION FOR TRAFFIC VIOLATION NOT TO AFFECT CREDIBILITY OF WITNESS.
Section 49-1415 - ILLEGAL CANCELLATION OF TRAFFIC CITATION — AUDIT OF CITATION RECORDS.
Section 49-1416 - RECORD OF TRAFFIC CASES — REPORT OF CONVICTIONS TO DEPARTMENT.
Section 49-1417 - PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE.
Section 49-1419 - OBEDIENCE TO TRAFFIC DIRECTION.
Section 49-1420 - INTERFERENCE WITH OFFICIAL TRAFFIC CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS.
Section 49-1421 - DRIVING ON DIVIDED HIGHWAYS — RESTRICTED ACCESS.
Section 49-1421A - HIGH OCCUPANCY VEHICLE LANES — PENALTIES — DEFINITIONS.
Section 49-1422 - OVERTAKING AND PASSING SCHOOL BUS.
Section 49-1423 - INVESTIGATION OF REPORTED VIOLATION OF FAILING TO OBEY SCHOOL BUS WARNING DEVICES.
Section 49-1424 - RACING ON PUBLIC HIGHWAYS.
Section 49-1425 - RAILROAD TRAINS NOT TO UNNECESSARILY BLOCK CROSSINGS.
Section 49-1426 - PEDESTRIANS UNDER INFLUENCE OF ALCOHOL OR DRUGS.
Section 49-1427 - VEHICLES TRANSPORTING EXPLOSIVES.
Section 49-1428 - FINANCIAL RESPONSIBILITY.
Section 49-1429 - FALSE CERTIFICATE.