North Dakota Code § 29-06-15.1

Arrest of nonresident traffic violator
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A police officer at the scene of a traffic accident may arrest without a warrant any driver of a 
vehicle who is a nonresident of this state and who is involved in the accident when based upon 
personal investigation, the officer has reasonable and probable grounds to believe that the 
person has committed any offense under the provisions of title 39 in connection with the 
accident, and if the officer has reasonable and probable grounds to believe the person will 
disregard a written promise to appear in court.
Whenever any person is arrested under the provisions of this section, the person must be 
taken without unnecessary delay before the proper magistrate.

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