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No police discretion:
If you are pulled over for serious traffic or criminal offenses including, but not limited to, driving under the influence of drugs or alcohol, hit and run, any felony violation, and/or if you have any outstanding capias for you arrest, the officer has no choice but to arrest you at the scene and bring you before the magistrate. The magistrate then decides whether or not you should be allowed out of jail on bond, or remain in jail until your court date.

Police discretion: If you are pulled over for offenses including, but not limited to, reckless driving, driving on a suspended or revoked license, marijuana possession, and/or driving after being adjudicated an habitual offender (misdemeanor only), the officer can decide to either arrest you and take you to jail or allow you to leave with a summons to appear in court.
Factors that affect whether the officer will arrest you or give you a summons include the following:

1. Are you an out-of-state driver? If you are out-of-state, the officer might decide that there is a strong likelihood you
    will not appear in court on the return date.
2. Do you have valid identification? If you do not have identification, or if the officer discovers your ID is fake, the officer
    has no way of verifying your real identification. The officer might arrest you to further investigate your identification.

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