When Peace Officer Has Option To Take Person Before A Magistrate

TITLE 49 MOTOR VEHICLES CHAPTER 14 TRAFFIC — ENFORCEMENT AND GENERAL PROVISIONS 49-1407. When peace officer has option to take person before a magistrate. Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not required to be taken before a magistrate, the person shall, in the discretion of the officer, either be given a traffic citation or be taken without unnecessary delay before the proper magistrate as specified in section 49-1411 , Idaho Code, in the following cases: (1)  When the person does not furnish satisfactory evidence of identity or when the 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 relating to the refusal of a driver of a vehicle to submit a vehicle to an inspection and test. (3)  When the person is charged with a violation 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.