Rule 38.06 Violations - Rule 38 Not Applicable

There are certain traffic and municipal violation cases where the simplified process under Rule 38 does not apply. This means people charged with these violations cannot use the easier, more informal options that Rule 38 usually allows, like paying a fine without going to court. Instead, these cases have to follow the regular court process.

The violations that are left out of Rule 38 include cases where the prosecutor wants the person to appear in court, or where the person was given a summons to show up. It also includes any violation that caused injury to someone or damaged their property. These situations are treated more seriously, so the court wants to handle them directly rather than through a simplified process.

Other violations that skip Rule 38 include drunk or drugged driving, whether in a car or a boat, and driving with a license that has been faked, changed, suspended, or taken away. Fleeing from a police officer or trying to avoid getting pulled over also falls outside Rule 38. Finally, any other violation that the law says cannot use Rule 38 is also excluded.

If someone is charged with one of these violations, they should expect to go through the standard court process instead of a quick, simplified one. This usually means appearing before a judge and following the full steps of a criminal or municipal case.