§ 25-5. Authority of police to issue notices to appear in municipal court; exceptions.

(a)

Whenever a person is arrested by a city police officer for any violation under section 1-5 of this Code in the municipal courts of the city, other than violations of the Texas Uniform Act Regulating Traffic on Highways (Article 6701d, V.A.C.S.), and such person is not immediately taken before a magistrate where required under subsection (b) hereof, the arresting officer shall prepare written notice to appear in court containing the name and address of such person, driver's license number or other identification, the offense charged, and a statement promising to appear in a municipal court of the city and at a time to be designated in a notice to be mailed to said person by the clerk of the court, if the arrested person gives his written promise to appear in court at the time and place to be so specified by signing the written notice prepared by the arresting officer.

(1)

After it is signed, the original of the notice shall be retained by the officer and a copy delivered to the person arrested. Thereupon the officer shall release the person arrested from custody.

(2)

The time specified in the notice to be mailed must be at least five (5) days after such arrest unless the person arrested shall demand an earlier hearing.

(3)

The place specified in said mailed notice shall be a courtroom in the municipal courts building of the city.

(4)

A written promise to appear in court may be complied with by an appearance by counsel.

(b)

The above procedure is not authorized in any of the following cases:

(1)

When a person arrested demands an immediate appearance before a magistrate.

(2)

The person arrested is being arrested on a Warrant or has outstanding warrants against him.

(3)

The safety of the person arrested or the safety of others may be jeopardized by his release, in the judgment of the police officer or his superiors.

(4)

The person arrested fails or refuses to give satisfactory identification.

(5)

The person arrested is intoxicated to a degree where he is unable to care for himself.

(6)

Where medical treatment or physical examination of the person arrested is required.

(7)

Where a police officer has used physical force on the person arrested.

(8)

Where otherwise provided by the rules and regulations of the police department issued by the chief of police and approved by the firemen's and policemen's civil service commission.

(Code 1959, § 32-3.1; Ord. No. 38905, §§ 1, 2, 9-10-70; Ord. No. 66146, 11.24.87)