25.1.9.060 Conduct of Law Enforcement Officer—-Notices by Citation

(a) Unless a penalty assessment or warning notice is given, whenever a person is cited for any violation of the Traffic Safety Code or other Rule or Regulation relating to motor vehicles punishable as a violation, the officer, using uniform traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the violator sign the agreement to appear as specified, give a copy of the citation to the violator and release him from custody.

(b) Whenever a person is cited for violation of a penalty assessment violation and elects to pay the penalty assessment, the officer, using the uniform traffic citation, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the violator sign the agreement to pay the amount prescribed, give a copy of the citation, along with a business reply envelope addressed to the Treasurer's Office of San Ildefonso, Sand Ildefonso Pueblo, Rt. 5, Box 315-A, Santa Fe, New Mexico 87501, to the violator and release him from custody. NO officer shall accept custody or payment of any penalty assessment notice. IF the violator declines to accept a penalty assessment notice, the officer shall issue a notice to appear.

(c) The officer may issue a warning notice but shall fill out the information section of the uniform traffic citation and give a copy of the violator after requiring his signature on the warning notice as an acknowledgement of receipt. No warning notice issued under this section shall be used as evidence or conviction for purposes of suspension or revocation of license.

(d) In order to secure his release the violator must give his written promise to appear in court, or to pay the penalty assessment prescribed, or acknowledge receipt of a warning notice.

(e) Any officer violating this section is guilty of misconduct in office and is subject to removal.