§ 20-38.4. Initial appearance. - North Carolina Statutes

§ 20‑38.4.  Initialappearance.

(a)        Appearance Before aMagistrate. – Except as modified in this Article, a magistrate shall follow theprocedures set forth in Article 24 of Chapter 15A of the General Statutes.

(1)        A magistrate mayhold an initial appearance at any place within the county and shall, to theextent practicable, be available at locations other than the courthouse when itwill expedite the initial appearance.

(2)        In determiningwhether there is probable cause to believe a person is impaired, the magistratemay review all alcohol screening tests, chemical analyses, receive testimonyfrom any law enforcement officer concerning impairment and the circumstances ofthe arrest, and observe the person arrested.

(3)        If there is afinding of probable cause, the magistrate shall consider whether the person isimpaired to the extent that the provisions of G.S. 15A‑534.2 should beimposed.

(4)        The magistrate shallalso:

a.         Inform the person inwriting of the established procedure to have others appear at the jail toobserve his condition or to administer an additional chemical analysis if theperson is unable to make bond; and

b.         Require the personwho is unable to make bond to list all persons he wishes to contact andtelephone numbers on a form that sets forth the procedure for contacting thepersons listed. A copy of this form shall be filed with the case file.

(b)        The AdministrativeOffice of the Courts shall adopt forms to implement this Article. (2006‑253, s. 5.)