§ 21-171. When person arrested to be given five days' notice to appear in court.

(a)

Whenever a person is arrested for any violation of this chapter and such person is not immediately taken before a magistrate, the arresting officer shall prepare, in duplicate, written notice to appear in court containing the name and address of such person, the license number of his vehicle, if any, the offense charged and the time and place such person shall appear in court; provided, that the offense of speeding shall be the only offense making mandatory the issuance of a written notice to appear in court and only then if the arrested person has not given his written promise to appear in court by signing in duplicate the written notice prepared by the arresting officer.

(b)

The time specified in the notice to appear shall be at least five (5) days after such arrest unless the person arrested shall demand an earlier hearing.

(c)

The place specified in the notice to appear shall be before a magistrate within the city who has jurisdiction of such offense.

(d)

The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer. The original of the notice shall be retained by the officer and the copy thereof delivered to the person arrested. Thereupon, the officer shall forthwith release the person arrested from custody.

(e)

Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office.

(Ord. No. 203, § 171)

State law reference

Notices to appear, V.T.C.A., Transportation Code § 543.003 et seq.