805.9 Admission of scheduled violations. 1. In cases of scheduled violations, the defendant, before the time specified in the citation and complaint for appearance before the court, may sign the admission of violation on thecitation and complaint and deliver or mail a copy of the citation and complaint, together withthe minimum fine for the violation, plus court costs, to a scheduled violations office in thecounty. The office shall, if the offense is a moving violation under chapter 321, forward anabstract of the citation and complaint and admission to the state department of transportationas required by section 321.491. In this case the defendant is not required to appear beforethe court. The admission constitutes a conviction. 2. A defendant charged with a scheduled violation by information may obtain two copies of the information from the court and, before the time the defendant is required to appearbefore the court, deliver or mail the copies, together with the defendant’s admission, fine,and court costs, to the scheduled violations office in the county. The procedure, fine, andcosts are the same as when the charge is by citation and complaint, with the admission andthe number n, fine,and court costs, to the scheduled violations office in the county. The procedure, fine, andcosts are the same as when the charge is by citation and complaint, with the admission andthe number of the defendant’s driver’s license as defined in section 321.1 placed upon theinformation when the violation involves the use of a motor vehicle. 3. When section 805.8 and this section are applicable but the officer does not deem it advisable to release the defendant and no court in the county is in session: a. If the defendant wishes to admit the violation, the officer may release the defendant upon observing the person mail the citation and complaint, admission, and minimum fine,together with court costs, to a traffic violations office in the county, in an envelope furnishedby the officer. The admission constitutes a conviction and judgment in the amount of thescheduled fine plus court costs. The officer may allow the defendant to use a credit cardpursuant to rules adopted under section 805.14 by the department of public safety or to maila check in the proper amount in lieu of cash. If the check is not paid by the drawee for anyreason, the defendant may be held in contempt of ection 805.14 by the department of public safety or to maila check in the proper amount in lieu of cash. If the check is not paid by the drawee for anyreason, the defendant may be held in contempt of court. The officer shall advise the defendantof the penalty for nonpayment of the check. b. If the defendant does not comply with paragraph 'a', the officer may release the defendant upon observing the defendant mail to a court in the county the citation andcomplaint and one and one-half times the minimum fine together with court costs, or in lieuof one and one-half times the fine and the court costs, a guaranteed arrest bond certificateas provided in section 321.1, subsection 30, as bail together with the following statementsigned by the defendant: I agree that either (1) I will appear pursuant to this citation or (2) if I do not appear in person or by counsel to defend against the offensecharged in this citation the court is authorized to enter a convictionand render judgment against me for the amount of one and one-halftimes the scheduled fine plus court costs. c. If the defendant does not comply with paragraph 'a' or 'b', or when section 804.7 is applicable, the officer may arrest for the amount of one and one-halftimes the scheduled fine plus court costs. c. If the defendant does not comply with paragraph 'a' or 'b', or when section 804.7 is applicable, the officer may arrest and confine the defendant if authorized by the latter section,and proceed according to chapter 804. 4. A defendant who admits a scheduled violation may appear before court. The procedure, costs, and fine, without suspension of the fine, after the hearing are the same as in the trafficviolations office. 5. A defendant charged with a scheduled violation who does not fully comply with subsection 1, 2, 3, or 4 of this section before the time required to appear before the courtmust, at that time, appear before the court. If the defendant admits the violation, the procedure, costs, and fine, without suspension of the fine, after the hearing are the samebefore the court as before the traffic violations office, and are without prejudice, whenapplicable, to proceedings under section 321.487. 6. The court costs imposed by this section are the total costs collectible from a defendant Sat Dec 23 12:33:44 2023 Iowa Code 2024, Section 805.9 (21, 0) §805.9, CITATIONS IN LIEU OF ARREST 2 upon either e court costs imposed by this section are the total costs collectible from a defendant Sat Dec 23 12:33:44 2023 Iowa Code 2024, Section 805.9 (21, 0) §805.9, CITATIONS IN LIEU OF ARREST 2 upon either an admission of a violation without hearing, or upon a hearing pursuant tosubsection 4. [C73, 75, 77, §753.16; C79, 81, §805.9; 82 Acts, ch 1104, §27]83 Acts, ch 186, §10131, 10201; 83 Acts, ch 204, §10; 85 Acts, ch 195, §63; 85 Acts, ch 197, §42; 90 Acts, ch 1230, §95; 98 Acts, ch 1073, §9 Referred to in §716.8, 805.1, 805.6, 805.8A(12)(e), 805.8C(3)(a), 805.8C(3)(c), 805.10, 805.15 Sat Dec 23 12:33:44 2023 Iowa Code 2024, Section 805.9 (21, 0)
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