Wyoming Statutes

Wyo. Stat. § 31-5-1205 (2026)

Traffic citations; notice to appear in court;

✓ current as of May 2026

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release upon written promise to appear; procedure before judge
or court; arrest for driving under the influence.

     (a) Whenever a person is halted by a police officer for
any violation of this act punishable as a misdemeanor, and is
not taken before a judge as required or permitted, the officer
shall prepare a written traffic citation containing a notice to
appear in court.

     (b) The time specified in the notice to appear must be at
least five (5) days after the alleged violation unless the
person charged with the violation demands an earlier hearing.

     (c) The place specified in the notice to appear must be
before a judge as designated in subsection (g) of this section.

     (d) The person charged with the violation may give his
promise to appear in court by accepting at least one (1) copy of
the written traffic citation prepared by the officer, in which
event the officer shall deliver a copy of the citation to the
person, and thereupon, the officer shall not take the person
into physical custody for the violation.

     (e) Any officer violating any of the provisions of this
section is guilty of misconduct in office and is subject to
removal from office.

     (f) Except for felonies and those offenses enumerated in
W.S. 31-5-1204(a)(i), (ii) and (iii), a police officer at the
scene of a traffic accident may issue a written traffic
citation, as provided in subsection (a) of this section, to any
driver of a vehicle 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 this act in connection with the
accident.

     (g) Whenever any person is taken before a judge or is
given a written traffic citation containing a notice to appear
before a judge, the judge shall be a judge within the county in
which the offense charged is alleged to have been committed and
who has jurisdiction of the offense and is nearest or most
accessible with reference to the place where the alleged
violation occurred. For the purpose of this section, the terms
"judge" and "court" includes judges and courts having
jurisdiction of offenses under this act as committing judges and
courts and those having jurisdiction of the trials of the
offenses.

     (h) Whenever any person is taken into custody by a police
officer for the purpose of taking him before a judge or court as
authorized or required in this act upon any charge other than a
felony or the offenses enumerated in W.S. 31-5-1204(a)(i), (ii)
and (iii), and no judge is available at the time of arrest, and
there is no bail schedule established by the judge or court and
no lawfully designated court clerk or other public officer who
is available and authorized to accept bail upon behalf of the
judge or court, the person shall be released from custody upon
the issuance to him of a written traffic citation and his
acceptance of the citation signifying his promise to appear as
provided in subsection (d) of this section.

     (j) The procedure prescribed by this section is not
exclusive to this act, but is applicable in all proceedings
arising out of an alleged violation of a statute, ordinance or
regulation relating to operation or use of any vehicle or to use
of the highways.

    (k)   Repealed by Laws 2025, ch. 9, § 2.

Notes of Decisions

Cited in 6 cases, 1989–2006 · leading case: Becker v. Mason, 2006 WY 143 (Wyo. 2006).

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Becker v. Mason, 2006 WY 143 (Wyo. 2006). · cites it 4× “Finally, Wyo. Stat. Ann. § 31-5-1205 (k) (Michie 1997) specifically allows the officer discretion to arrest, cite or issue a summons for violation of § 31-5-233.”

Nowack v. State, 774 P.2d 561 (Wyo. 1989). “be surrendered to the arresting officer [§ 31-5-1205(k) ]. 10 1984 Wyo.Sess. Laws, ch.”

Wyoming Dep't of Transp. v. Haglund, 982 P.2d 699 (Wyo. 1999). “That provision states in pertinent part: (e) Upon receipt of a record indicating the disposition of the arrest or citation which required surrender of the license: (i) Each Wyoming license surrendered under this section or pursuant to W.S. 31-5-1205(k) shall be: (A) Returned, if…”

Mccoy v. Crook Cnty. Sheriff's Dept., 987 P.2d 674 (Wyo. 1999). · cites it 2× “Finally, Wyo. Stat. Ann. § 31-5-1205 (k) (Michie 1997) specifically allows the officer discretion to arrest, cite or issue a summons for violation of § 31-5-233.”

McCoy v. Crook Cnty. Sheriff's Dep't, 987 P.2d 674 (Wyo. 1999). · cites it 2× “Finally, Wyo. Stat. Ann. § 31-5-1205 (k) (Michie 1997) specifically allows the officer discretion to arrest, cite or issue a summons for violation of § 31-5-233.”

Pogue v. Allison, 851 F. Supp. 1536 (D. Wyo. 1994). “The defendants next rely on Wyoming Statute § 31-5-1205(k), which authorizes police officers to withhold the license of a person who is arrested for violation of Wyoming Statute § 31-5-233 or a municipal ordinance which substantially conforms to that statute.”

— Wyo. Stat. § 31-5-1205(k) — 3 cases

Nowack v. State, 774 P.2d 561 (Wyo. 1989). “be surrendered to the arresting officer [§ 31-5-1205(k) ]. 10 1984 Wyo.Sess. Laws, ch.”

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