484A.730 - When peace officer has option to give citation or take person before magistrate. - Nevada Statutes

484A.730  When peace officer has option to give citation or take person before magistrate.  Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS and is not required to be taken before a magistrate, the person may, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. The person must be taken before the magistrate in any of the following cases:

      1.  When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;

      2.  When the person is charged with a violation of NRS 484D.580 relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;

      3.  When the person is charged with a violation of NRS 484D.675 relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or

      4.  When the person is charged with a violation of NRS 484C.110 or 484C.120, unless the person is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking the person before the magistrate.

      (Added to NRS by 1967, 1211; A 1969, 1509; 1981, 1362; 2007, 2807)—(Substituted in revision for NRS 484.795)