49-1412. RELEASE OF DEFENDANT WHEN MAGISTRATE NOT AVAILABLE. Whenever any person is taken into custody by an officer for the purpose of taking him before a magistrate as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in subsections (1)(a) through (d) of section 49-1405, Idaho Code, and no magistrate is available at the time of arrest, and there is no bail schedule established by any magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person shall be released from custody upon the issuance to him of a written traffic citation and his signing a promise to appear.
History:
[49-1412, added 1988, ch. 265, sec. 348, p. 748.]
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.