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officer may arrest the person either if the person intentionally | refuses to furnish any evidence of that person's correct name, and | | address or date of birth or if, after attempting to verify the | | evidence as provided for in this subsection, the officer has | | probable cause to believe that the person has intentionally failed | | to provide reasonably credible evidence of the person's correct | name and, address or date of birth. |
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| | | 3. If, at any time subsequent to an arrest made pursuant to | | subsection 2, it appears that the evidence of the person's | correct name and, address and date of birth was accurate, the | | person must be released from custody and any record of that | | custody must show that the person was released for that reason. | | If, upon trial for violating subsection 2, a person is acquitted | on the ground that the evidence of the person's correct name and, | | address and date of birth was accurate, the record of acquittal | | must show that that was the ground. |
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| | | Sec. 3. 17-A MRSA §17, sub-§1, as amended by PL 1995, c. 65, Pt. A, | | §56 and affected by §153 and Pt. C, §15, is further amended to | | read: |
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| | | 1. A law enforcement officer who has probable cause to | | believe that a civil violation has been committed by a person | | must issue or have delivered a written summons to that person | | directing the person to appear in the District Court to answer | | the allegation that the person has committed the violation. The | | summons must include the signature of the officer, a brief | | description of the alleged violation, the time and place of the | | alleged violation and the time, place and date the person is to | | appear in court. The form used must be the Violation Summons and | | Complaint, as prescribed in Title 29-A, section 2601, for traffic | | infractions and the Uniform Summons and Complaint for other civil | violations, except that, if the agency by whom the officer is | employed has on May 1, 1991 current stocks of forms that the | agency is authorized to use, the agency may permit officers to | use those forms in place of the Uniform Summons and Complaint | until those stocks are depleted. A person to whom a summons is | | issued or delivered must give a written promise to appear. If | | the person refuses to sign the summons after having been ordered | | to do so by a law enforcement officer, the person commits a Class | | E crime. The law enforcement officer may not order a person to | | sign the summons for a civil violation unless the civil violation | | is an offense defined in Title 12; Title 23, section 1980; Title | | 28-A, section 2052; or Title 29-A. |
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| | | Every law enforcement officer issuing a Violation Summons and | | Complaint charging the commission of a traffic infraction shall | | file the original of the Violation Summons and Complaint with the | | violations bureau within 5 days of the issuance of that Violation |
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