I DEMAND MY RIGHT’S UNDER UTAH LAW AT 41-6-167 & 77-7-18 TOSIGN THE CITATION AND BE RELEASED “IN LIEU” OF BEINGTAKEN INTO CUSTODY OR I DEMAND THAT YOU BRING MEBEFORE THE MAGISTRATE WITHOUT UNNECESSARY DELAYAS REQUIRED BY UTAH LAW 41-6-166 & 77-9-2
Utah Law at 41-6-167 & 77-7-18 clearly provides that you are required to release me if I promise to comply and sign the ticket “in lieu” of taking me into custody.
Notice to appear in court -- Contents -- Promise to comply -- Signing -- Releasefrom custody -- Official misconduct.(1) Upon any violation of this act punishable as a misdemeanor, whenever a person isimmediately taken before a magistrate
as hereinbefore provided, the peace officer shall prepare,in triplicate or more copies, a written notice to appear in court containing:
. . . (4) (a) In order to secure release as provided in this section, the arrested person shallpromise to appear in court by signing at least one copy of the written notice prepared by thearresting officer.(b) The arresting officer shall immediately:(i) deliver a copy of the notice to the person promising to appear; and(ii) release the person arrested from custody.
(5) Any officer violating any of the provisions of this section shall be:(a) guilty of misconduct in office; and(b) subject to removal from office.
Subsection (4)(a) of 41-6-167 clearly states that: “In order to secure release as provided inthis section, the arrested person shall promise to appear in court by signing at least one copy of the written notice prepared by the arresting officer.” Subsection (4)(b)(i)(ii) clearly reads that:“(b) The arresting officer shall immediately; (i) deliver a copy of the notice to the person promising to appear; and (ii) release the person arrested from custody.”
Subsection (5)(a)(b) of 41-6-167 clearly provides that: (5) Any officer violating anyof the provisions of this section shall be: (a) guilty of misconduct in office; and (b) subjectto removal from office.” I WILL FILE THESE CHARGES AGAINST YOU IF YOU DONOT LET ME SIGN THE TICKET & LET ME GO AS REQUIRED BY LAW. (Emphasisadded). DO YOU REALLY WANT TO BE SUBJECT TO REMOVAL FROM OFFICE?
Utah Law at 77-7-18 also clearly provides that all law enforcement officers may deliver acitation requiring any person subject to arrest or prosecution on a misdemeanor or infractioncharge to appear at the court of the magistrate before whom the person should be taken pursuantto law if the person had been arrested “in lieu of taking a person into custody.
Citation on misdemeanor or infraction charge.A peace officer, in lieu of taking a