When peace officer may issue citation or take person before the court.

(a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150 , except the officer may arrest if (1) the person does not furnish satisfactory evidence of identity; (2) the peace officer reasonably believes the person is a danger to others; (3) the crime for which the person is contacted is one involving violence or harm to another person or to property; (4) the person asks to be taken before a judge or magistrate under AS 12.25.150 ; or (5) the peace officer has probable cause to believe the person committed a crime involving domestic violence; in this paragraph, “crime involving domestic violence” has the meaning given in AS 18.66.990 . (b) When a peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150 , except the officer may arrest if (1) the person does not furnish satisfactory evidence of identity; (2) the person refuses to accept service of the citation. (3) [Repealed, § 138 ch 4 FSSLA 2019.] (c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.