2006 Code of Virginia § 46.2-945 - Issuance of citation to motorist; party jurisdiction; police officer to report noncompliance with c...

46.2-945. Issuance of citation to motorist; party jurisdiction; policeofficer to report noncompliance with citation.

A. When issuing a citation for a traffic violation, a police officer shallissue the citation to a motorist who is a resident of or holds a driver'slicense issued by a party jurisdiction and shall not, subject to theexceptions noted in subsection C of this section, require such motorist topost collateral or bond to secure appearance for trial, but shall accept suchmotorist's written promise that he will comply with the terms of suchcitation; provided, however, the motorist shall have the right upon hisrequest to post collateral or bond in a manner provided by law and, in suchcase, the provisions of this article shall not apply.

B. In the absence of the motorist's written promise, the officer shallproceed according to the provisions of 46.2-940.

C. No motorist shall be entitled to receive a citation under the terms ofsubsection A of this section nor shall any police officer issue such citationunder the same in the event the offense for which the citation is issuedshall be one of the following: (i) an offense for which the issuance of acitation in lieu of a hearing or the posting of collateral or bond isprohibited by the laws of this Commonwealth; or (ii) an offense, theconviction of or the forfeiture of collateral for which requires therevocation of the motorist's license.

D. Upon the failure of any motorist to comply with the terms of a trafficcitation, the police officer or the appropriate official shall report thisfact to the Department of Motor Vehicles. Such report shall clearly identifythe motorist; describe the violation, specifying the section of the statute,code or ordinance violated; shall indicate the location of the offense, givedescription of vehicle involved, and show the registration or license numberof the vehicle. Such report shall be signed by the police officer orappropriate official.

(1964, c. 247, 46.1-179.2; 1972, c. 474; 1976, c. 7; 1980, c. 366; 1981, c.382; 1989, c. 727.)

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