Rolling Hills Municipal Code Ch. 10.76 Procedure on Arrest

Footnotes:

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Prior history: Ord. 116, § 40304.

The provisions of this chapter shall govern all Deputy Sheriffs and peace officers in making arrests for violations of this title without a warrant for offenses committed in their presence, but the procedure prescribed in this chapter shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

(Ord. 261 § 1(part), 1996: Ord. 116 § 40300, 1973).

Notwithstanding any other provision of law, a Deputy Sheriff may, without a warrant, arrest a person who is: (1) involved in a traffic accident; or (2) observed by the Deputy Sheriff in or about a vehicle which is obstructing a roadway, when the Deputy Sheriff has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

(Ord. 261 § 1(part), 1996: Ord. 116 § 40300A, 1973).

Editor's note— Section 3 of Ord. No. 321, adopted Jan. 10, 2011, repealed § 10.76.030, which pertained to felony arrests and derived from Ord. 116, § 40301, adopted 1973 and Ord. 261, § 1(part), adopted 1996.

Whenever any person is arrested for any violation of this title, the arrested person shall be taken without unnecessary delay before a magistrate within the County in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases:

A. When the person arrested fails to present his driver's license or other satisfactory evidence of his identity for examination;

B. When the person arrested refuses to give his written promise to appear in court;

C. When the person arrested demands an immediate appearance before a magistrate;

D. When the person arrested is charged with violating Section 10.64.010, driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage or drug.

(Ord. 261 § 1(part), 1996: Ord. 116 § 40303, 1973).

(Ord. No. 321, § 4, 1-10-2011)

Whenever any person is arrested for any of the following offenses and the arresting officer is not required to take the person without unnecessary delay before a magistrate, the arrested person shall, in the judgment of the arresting officer, either be given a ten days' notice to appear as provided in this section or be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made:

A. Section 10.64.020, relating to reckless driving;

B. Section 10.12.020 or 10.12.030, insofar as it relates to a failure or refusal of the driver of a vehicle to stop and submit to an inspection or test of the vehicle;

C. Chapter 10.20, relating to duties in the event of an accident;

D. Section 10.64.030, relating to participating in speed contests or exhibition of speed;

E. Section 10.16.060, relating to driving while license is suspended or revoked;

F. When the person arrested has attempted to evade arrest.

(Ord. 261 § 1(part), 1996: Ord. 116 § 40303, 1973).