LD 1844
pg. 3
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LR 2693
Item 1

 
officer may arrest the person either if the person intentionally
refuses to furnish any evidence of that person's correct name, and
address or date of birth or if, after attempting to verify the
evidence as provided for in this subsection, the officer has
probable cause to believe that the person has intentionally failed
to provide reasonably credible evidence of the person's correct
name and, address or date of birth.

 
3. If, at any time subsequent to an arrest made pursuant to
subsection 2, it appears that the evidence of the person's
correct name and, address and date of birth was accurate, the
person must be released from custody and any record of that
custody must show that the person was released for that reason.
If, upon trial for violating subsection 2, a person is acquitted
on the ground that the evidence of the person's correct name and,
address and date of birth was accurate, the record of acquittal
must show that that was the ground.

 
Sec. 3. 17-A MRSA §17, sub-§1, as amended by PL 1995, c. 65, Pt. A,
§56 and affected by §153 and Pt. C, §15, is further amended to
read:

 
1. A law enforcement officer who has probable cause to
believe that a civil violation has been committed by a person
must issue or have delivered a written summons to that person
directing the person to appear in the District Court to answer
the allegation that the person has committed the violation. The
summons must include the signature of the officer, a brief
description of the alleged violation, the time and place of the
alleged violation and the time, place and date the person is to
appear in court. The form used must be the Violation Summons and
Complaint, as prescribed in Title 29-A, section 2601, for traffic
infractions and the Uniform Summons and Complaint for other civil
violations, except that, if the agency by whom the officer is
employed has on May 1, 1991 current stocks of forms that the
agency is authorized to use, the agency may permit officers to
use those forms in place of the Uniform Summons and Complaint
until those stocks are depleted. A person to whom a summons is
issued or delivered must give a written promise to appear. If
the person refuses to sign the summons after having been ordered
to do so by a law enforcement officer, the person commits a Class
E crime. The law enforcement officer may not order a person to
sign the summons for a civil violation unless the civil violation
is an offense defined in Title 12; Title 23, section 1980; Title
28-A, section 2052; or Title 29-A.

 
Every law enforcement officer issuing a Violation Summons and
Complaint charging the commission of a traffic infraction shall
file the original of the Violation Summons and Complaint with the
violations bureau within 5 days of the issuance of that Violation


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