§ 5703 - Uniform complaint
§ 5703. Uniform complaint
(a) In all violations of chapter 29 of Title 23, except for prosecutions under section 3317(b) and (c) of Title 23, the complaint or information and summons shall be in the form known as the "uniform snowmobile/boating complaint." The court administrator shall prepare the form for the uniform snowmobile/boating complaint, following as a guide the suggested forms recommended by the National Conference of Commissioners on Uniform State Laws.
(b) The court administrator shall be responsible for all uniform snowmobile/boating complaints issued to law enforcement officers, and shall prepare or cause to be prepared the records and reports relating to the uniform snowmobile/boating complaints, in a manner and at the time it shall be prescribed by the court administrator.
(c) Any law enforcement officer may void any uniform snowmobile/boating complaint by so marking the complaint and returning it to the court administrator. In addition, a prosecuting attorney may dismiss such a complaint.
(d) The uniform snowmobile/boating complaint shall consist of five parts:
(1) The complaint or information and warrant, which shall include spaces for the signatures of the law enforcement officer, prosecuting attorney and judge or clerk;
(2) The abstract of court record to be forwarded to the department of public safety after conviction;
(3) The police record, which shall be a copy of the complaint or information;
(4) The prosecutor's record, which shall be a copy of the complaint or information;
(5) The summons, which shall include a copy of the complaint or information, a waiver, and an explanation of rights.
(e) The reverse sides of the sheets shall be as set out in the form, with such additions or deletions as are necessary to adapt uniform snowmobile/boating complaint to the court involved.
(f) The uniform snowmobile/boating complaint shall contain the following paragraph which shall be prominently displayed and printed in bold-faced type:
(1) If you admit you have committed a snowmobile or boating offense or are judged to have committed the offense you will be liable to a fine, and, in addition, your registration certificate plates, hull numbers, certificate and privilege to operate a snowmobile or vessel as the case may be, are subject to suspension or revocation as prescribed by law.
(g) The complaint or information form shall be used in all cases involving prosecutions under chapter 29 of Title 23, except prosecutions under section 3317(b) and (c) of Title 23, whether the case is prosecuted or the complaint issued by a law enforcement officer or by any other person, or upon information or complaint issued by the state's attorney or other prosecuting officer. (Added 1977, No. 207 (Adj. Sess.), § 3; amended 1983, No. 212 (Adj. Sess.), § 4; 1989, No. 65, § 17.)