2006 Code of Virginia § 46.2-384 - Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcript...

46.2-384. Law-enforcement officers arresting drivers for certain offensesto request abstracts or transcripts of drivers' conviction records.

Every law-enforcement officer who has arrested any person for (i) drivingwhile under the influence of intoxicants or drugs in violation of 18.2-51.4or 18.2-266 or a parallel local ordinance, or 46.2-341.24, (ii) recklessdriving in violation of 46.2-852 through 46.2-865 or a parallel localordinance, (iii) failure to stop at the scene of an accident in violation of 46.2-894 through 46.2-899 or a parallel local ordinance or (iv) drivingwithout a license or while his license has been suspended or revoked inviolation of 18.2-51.4 or 18.2-272, or 46.2-300 through 46.2-302 or aparallel local ordinance or while he is disqualified in violation of 46.2-341.21 of the Commercial Vehicle Driver's License Act ( 46.2-341.1 etseq.), shall request from the Department an abstract or transcript of theperson's driver's conviction record on file at the Department. The Departmentshall furnish the abstract or transcript to the attorney for the Commonwealthof the jurisdiction in which the case will be heard, to be held available forthe court in which the person is to be tried for the violation or charge.However, the failure of the attorney for the Commonwealth to receive theabstract or transcript in any case shall not constitute grounds for thegranting of a continuance of such case. In any such prosecution wherein anecessary element of the offense charged is that the defendant was previouslyconvicted of the same or similar offense, a copy, certified as provided in 46.2-215, of (1) the abstract of the relevant prior conviction, certified asprovided in 46.2-386, or (2) that portion of the transcript relating to therelevant prior conviction, shall be prima facie evidence of the facts statedtherein with respect to the prior offense.

(1968, c. 335, 46.1-413.1; 1976, c. 148; 1984, c. 780; 1988, c. 413; 1989,cc. 705, 727; 1992, c. 838; 1997, c. 691.)