§ 46.2-938 — Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for failure to appear

Virginia § 46.2-938

• Jurisdiction: Virginia
• Title 46.2: MOTOR VEHICLES
• Subtitle III: OPERATION
• Ch. 8: REGULATION OF TRAFFIC
• Art. 17: LEGAL PROCEDURES AND REQUIREMENTS

Text

Upon the failure of any person to comply with the terms of a summons or notice as provided in § 46.2-936, such person shall be guilty of a Class 1 misdemeanor and the court may order a warrant for his arrest. The warrant shall be returnable to the court having jurisdiction of the offense and shall be accompanied by a report by the arresting officer which shall clearly identify the person arrested, specifying the section of the Code of Virginia or ordinance violated, the location of the offense, a description of the motor vehicle and its registration or license number.

If the warrant is returned to the court with the notation "not found" or the person named in the warrant does not appear on the return date thereof, the court shall forward a certificate of the fact of nonservice or nonappearance, with a copy of the report specified in the foregoing provisions of this section, to the Commissioner of the Department of Motor Vehicles, who shall forthwith suspend the driver's license of such person. The order of suspension shall specify the reason for the suspension. Such suspension shall continue until such time as the court has notified the Commissioner that the defendant has appeared before the court under the terms of the summons or notice and the warrant.

Legislative History

1974, c. 372, § 46.1-178.1; 1975, c. 201; 1981, c. 382; 1984, c. 780; 1989, c. 727.