Rule 152. Improper disposition of traffic
ticket; contempt of court; license in lieu of bail
(a)(1) No traffic ticket may be disposed of except as authorized by law
or these rules.
(2) Any person who aids in the disposition of a traffic ticket or summons
in any manner other than that authorized by the court shall be proceeded
against for criminal contempt in the manner provided by these rules.
(3) Where a car rental agency collects traffic fines from renters and
fails to remit the fines and other assessed costs to the court within five (5)
days of receipt thereof, the agency and/or its principal officers shall be
proceeded against for criminal contempt in the manner provided by these rules.
(b) Whenever any person lawfully possessed of a V.I. chauffeur's or
operator's license is arrested and charged with the violation of any traffic
law or regulation, the punishment of which is a fine or imprisonment of one
year or less, he shall have the option of depositing his V.I. chauffeur's or operator's
license with the arresting officer in lieu of bail or any other security which
may be required for his appearance in the Territorial Court to answer the
charge. The arresting officer shall attach the license to the traffic complaint
to be filed with the territorial court. Upon disposition of the charge, the
return of the license will be decided by the court.
If an arrested person elects to deposit his license, as herein provided,
the arresting officer shall issue the person a receipt for said license and
thereafter the person shall be permitted to operate a motor vehicle during the
pendency of the case in which the license was deposited, unless his license or
privilege is otherwise revoked, suspended or cancelled. If a driver is
rearrested for another traffic offense while his license is held in lieu of
bail, this provision shall not apply.
In the event the chauffeur or operator fails to appear to answer the
charge against him, the Clerk of the Territorial Court shall immediately notify
the Commissioner of Police, and such person shall forthwith be subject to
arrest or to such other orders as may be issued by the Court.
The Clerk of the territorial court shall fashion, print and distribute to
the offices of the territorial court and the Commissioner of Police, the
receipt which an arresting officer shall issue to any person who, in accordance
with the provisions hereof, deposits his chauffeur or operator's license in
lieu of bail.--Amended Oct. 14, 1994, eff. Nov. 16, 1994.
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