Section 31-1-6 - Citation in lieu of arrest without a warrant. - New Mexico Statutes

31-1-6. Citation in lieu of arrest without a warrant.

A.     A law enforcement officer who arrests a person without a warrant for a petty misdemeanor or any offense under Chapter 17 NMSA 1978, may offer the person arrested the option of accepting a citation to appear in lieu of taking him to jail.   

B.     A citation issued pursuant to this section shall contain the name and address of the cited person, the offense charged and the time and place to appear. Unless the person requests an earlier date, the time specified in the citation shall be at least three days after issuance of the citation. The law enforcement officer shall explain the person's rights not to sign a citation, the effect of not signing the citation, the effect of signing the citation and the effect of failing to appear at the time and place stated on the citation.   

C.     The person's signature on the citation constitutes a promise to appear at the time and place stated in the citation. One copy of the citation to appear shall be delivered to the person cited, and the law enforcement officer shall keep a duplicate copy which he shall file with the court as soon as practicable.   

D.     A citation issued pursuant to this section is a valid complaint if the person receiving it appears in court.   

E.     It is a petty misdemeanor for a person signing a citation not to appear at the time and place stated in the citation regardless of the disposition of the offense for which the citation was issued. A written promise to appear may be complied with by appearance of counsel.