805.10  Required court appearance.

Section 805.9 shall not apply to a scheduled violation in any of the following circumstances:

1.  When the violation charged involved or resulted in an accident or injury to property and the total damages are one thousand dollars or more, or in an injury to person.

2.  When the violation created an immediate threat to the safety of other persons or property because of highway conditions, visibility, traffic, repetition, or other circumstances.

In such cases, the defendant shall appear before the court and regular procedure shall apply. If an information is used the officer shall endorse thereon, "Court appearance required." If a citation and complaint is used, the officer shall strike out the space in which the defendant may admit the violation before a scheduled violations office and shall endorse thereon "Court appearance required" and the defendant shall appear before the court either in person or by attorney.

3.  When the violation charged involves the taking of an animal for which there is a civil damage assessment in addition to a criminal penalty.

Section History: Early form

  [C73, 75, 77, § 753.17; C79, 81, § 805.10]

Section History: Recent form

  83 Acts, ch 125, § 9; 84 Acts, ch 1067, § 50; 89 Acts, ch 296, §92; 90 Acts, ch 1216, § 5; 98 Acts, ch 1178, § 15

Internal References

  Referred to in § 321.236, 805.1, 805.6, 805.8(2v), 805.11, 805.13, 805.15

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Last update: Thu Mar 18 15:00:31 CST 1999
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