Section 39-07-09 - Offenses under which person halted may not be entitled to release upon promise to appearSection 39-07-07 does not apply to a person if:
1. The halting officer has good reason to believe the person guilty of any felony or if the person is halted and charged with an offense listed in section 39-06.1-05 but not listed in subsection 2; or2. The halting officer, acting within the officer's discretion, determines that it is inadvisable to release the person upon a promise to appear and if the person has been halted and charged with any of the following offenses: b. Driving in excess of speed limitations established by the state or by local authorities in their respective jurisdictions.c. Driving while license or driving privilege is suspended or revoked for violation of section 39-06-42, or an equivalent ordinance.d. Driving without liability insurance in violation of section 39-08-20.e. Failing to display a placard or flag, in violation of any rule implementing section 39-21-44, while transporting explosive or hazardous materials.f. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46.The halting officer forthwith shall take any person not released upon a promise to appear before the nearest or most accessible magistrate.
Amended by S.L. 2015 , ch. 264( SB 2166 ), § 5, eff. 8/1/2015.