1.  Except as otherwise provided in subsection 2, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not required to be taken before a magistrate, the person must be given a misdemeanor citation unless the violation constitutes a repeat offense or a prohibited offense, in which case the person may, in the discretion of the peace officer, either be given a misdemeanor citation or be taken without unnecessary delay before the proper magistrate.

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Terms Used In Nevada Revised Statutes 171.1771

  • county: includes Carson City. See Nevada Revised Statutes 0.033
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039

2.  A person described in subsection 1 must be taken before the proper magistrate when:

(a) The person does not furnish satisfactory evidence of identity; or

(b) The peace officer has reasonable grounds to believe that:

(1) The person will disregard a written promise to appear in court;

(2) The violation will continue; or

(3) Another person or property is in imminent danger.