38.02.050 Offenses Under Which Person Arrested May Not Be Entitled to Release upon Promise to Appear

The provisions of Section 38.02.020 of this Code shall not apply to an Indian person.

(a) The arresting officer shall have good reason to believe such person guilty of any felony or when such person is arrested and charged with either of the following offences:

(1) Causing or contributing to an accident resulting in injury or death of any person;

(2) Driving while under the influence of intoxicating liquor or a narcotic drug;

(b) The arresting officer, acting within his discretion, deems it inadvisable to release such person upon his promise to appear when arrested and charged with either of the following offenses:

(1) Reckless Driving;

(2) Driving in excess of speed limitations established by the Turtle Mountain Tribal Code. The arresting officer forthwith shall take any person not released upon his promise to appear before the nearest Turtle Mountain Tribal Court Judge.