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. 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.
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