2006 Code of Virginia § 19.2-73 - Issuance of summons instead of warrant in certain cases

19.2-73. Issuance of summons instead of warrant in certain cases.

A. In any misdemeanor case or in any class of misdemeanor cases, or in anycase involving complaints made by any state or local governmental official oremployee having responsibility for the enforcement of any statute, ordinanceor administrative regulation, the magistrate or other issuing authorityhaving jurisdiction may issue a summons instead of a warrant when there isreason to believe that the person charged will appear in the courts havingjurisdiction over the trial of the offense charged.

B. If any person under suspicion for driving while intoxicated has been takento a medical facility for treatment or evaluation of his medical condition,the arresting officer at the medical facility may issue, on the premises ofthe medical facility, a summons for a violation of 18.2-266, 18.2-266.1,18.2-272 or 46.2-341.24 and for refusal of tests in violation of subsection Aof 18.2-268.3 or subsection A of 46.2-341.26:3, in lieu of securing awarrant.

C. Any person on whom such summons is served shall appear on the date setforth in same, and if such person fails to appear in such court at such timeand on such date then he shall be treated in accordance with the provisionsof 19.2-128, regardless of the disposition of, and in addition to, thecharge upon which he was originally arrested.

(Code 1950, 19.1-146; 1972, c. 461; 1975, c. 495; 1978, c. 500; 1981, c.382; 2005, c. 425.)