2006 Code of Virginia § 46.2-938 - Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for fail...

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

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

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

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

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