Section 26-402 - Release of defendant if commissioner not available(a) This section does not apply if the alleged offense is any of the offenses enumerated in § 26-202(a)(3)(i), (ii), (iii), and (iv) of this title.(b) If a police officer arrests a person and takes the person before a District Court commissioner as provided in this title, the person shall be released on issuance of a citation if: (1) A commissioner is not available;(2) A judge, clerk, or other public officer, authorized to accept bail for the court is not available; and(3) The person charged gives the person's written promise to appear in court.