§ 26-95. Appearance upon arrest.

Whenever any person is arrested for a violation of any provision of this chapter, the arresting officer shall take his name, address, and the license number of his motor vehicle, and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons and notice, such time to be at least five days after arrest, unless he shall demand an earlier hearing. The person arrested shall, if he so desires, have a right to an immediate hearing or a hearing within 24 hours, at a convenient hour, to be before a magistrate within the city where such offense was committed. Such officer may, in his discretion, thereupon and upon the giving by such person of his written promise to appear at such time and place, release him from custody, or take him forthwith before a magistrate. Any person refusing to give such written promise to appear, shall be taken immediately by the arresting officer before the nearest or most accessible magistrate having jurisdiction.

(Code 1976, § 17:95)

State law reference

Similar state law provision, R.S. 32:391.