HAR §13-242-18. Citation of violation

Except when required by state law to take immediately before a magistrate a person arrested for a violation of these rules, any person authorized to enforce these rules, hereinafter referred to as an enforcement officer, upon arresting a person for violation of these rules shall, in the discretion of the enforcement officer as provided in section 200-26, Hawaii Revised Statutes, either: (1) issue to the purported violator a summons or citation, warning the violator to appear and answer to charges at a certain place and at a time within seven days after the arrest; or (2) take the violator without unnecessary delay before a magistrate. [Eff 2/24/94] (Auth: HRS §200-24) (Imp: HRS §§200-24, 200- 26) 242-12 Unofficial Compilation §13-242-19 Taking legal custody of the vessel or property. As an incident to a lawful arrest, the arresting authority may take legal custody of the vessel or any personal property which is the subject of or related to any violation of chapter 200, Hawaii Revised Statutes, or of these rules. In the event the operator or the person in charge of the vessel refuses to obey the lawful command of an enforcement officer to navigate his vessel back to shore, the vessel may be towed at the owner's risk and expense and without liability to the department for any damages which may result. The vessel or personal property shall be released according to law. [Eff 2/24/94] (Auth: HRS §200-24) (Imp: HRS §§200-24, 200-26)