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I DEMAND MY RIGHT’S UNDER UTAH LAW AT 41-6-167 & 77-7-18 TO

SIGN THE CITATION AND BE RELEASED “IN LIEU” OF BEING


TAKEN INTO CUSTODY OR I DEMAND THAT YOU BRING ME
BEFORE THE MAGISTRATE WITHOUT UNNECESSARY DELAY
AS 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.

41-6-167. Notice to appear in court -- Contents -- Promise to comply -- Signing -- Release


from custody -- Official misconduct.
(1) Upon any violation of this act punishable as a misdemeanor, whenever a person is
immediately 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 shall
promise to appear in court by signing at least one copy of the written notice prepared by the
arresting 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 in
this 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 any
of the provisions of this section shall be: (a) guilty of misconduct in office; and (b) subject
to removal from office.” I WILL FILE THESE CHARGES AGAINST YOU IF YOU DO
NOT LET ME SIGN THE TICKET & LET ME GO AS REQUIRED BY LAW. (Emphasis
added). 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 a
citation requiring any person subject to arrest or prosecution on a misdemeanor or infraction
charge to appear at the court of the magistrate before whom the person should be taken pursuant
to law if the person had been arrested “in lieu of taking a person into custody.

77-7-18. Citation on misdemeanor or infraction charge.A peace officer, in lieu of taking a


person into custody, any public official of any county or municipality charged with the
enforcement of the law, a port-of-entry agent as defined in Section 72-1-102, and a volunteer
authorized to issue a citation under Section 41-6-19.5 may issue and deliver a citation requiring
any person subject to arrest or prosecution on a misdemeanor or infraction charge to appear
at the court of the magistrate before whom the person should be taken pursuant to law if the
person had been arrested.

If you don’t release me after arrest, then I “demand” my right under Utah law at 41-6-166

and 77-9-2 to be taken before the magistrate without any unnecessary delay for the purpose of

setting bond and posting bail. See Utah law at 41-6-166 to wit:
41-6-166. Appearance upon arrest for misdemeanor -- Setting bond.
Whenever any person is arrested for any violation of this act punishable as a misdemeanor, the
arrested person, for the purpose of setting bond, shall in the following cases, be taken without
unnecessary delay before a magistrate within the county in which the offense charged is alleged
to have been committed and who has jurisdiction of such offense and is nearest or most accessible
with reference to the place where said arrest is made, in any of the following cases:
(1) When a person arrested demands an immediate appearance before a magistrate.
(2) When the person is arrested upon a charge of driving or being in actual physical control of a
vehicle while under the influence of alcohol or any drug or combination thereof as prescribed in
Section 41-6-44.
(3) When the person is arrested upon a charge of failure to stop in the event of an accident causing
death, personal injuries, or damage to property.
(4) In any other event when the person arrested refuses to give his written promise to appear in
court as hereinafter provided, or when in the discretion of the arresting officer, a written promise to
appear is insufficient.

See also Utah law at 77-9-2 to wit:


77-9-2. Procedure after arrest.
An officer who has made an arrest pursuant to Section 77-9-1 shall without unnecessary
delay take the person arrested before a magistrate of the county in which the arrest was made.
The magistrate shall conduct a hearing to determine the lawfulness of the arrest. If he finds the
arrest was lawful, the magistrate may commit the person arrested for a reasonable time or may
admit the person to bail pending extradition proceedings.

I demand that you bring me before a magistrate or judge immediately on the authority of Runnels

v. United States, 138 F.2d 346 (9th Cir. 1943) and Meintz v. Huntington, 276 F. 245, 248.
Officer, I want to inform you that Luis Ewing at (253) 226-3741 or Kurt Riggin (303)
822-8921 will be helping me to beat all “your” traffic tickets. Send Luis E-Mail to:
<rcwcodebuster@comcast.net> or <rcwcodebuster@yahoo.com> or send Kurt E-Mail to:
<kurt@rodneygraff.com> or to hear Luis speak, go to: <www.RBNLive.com> or
<www.TruthRadio.com> or <www.VeritasRadio.com>