Virginia Code 46.2-388: Uniform summons to be used for reportable motor vehicle law violations; citations.
A. The Attorney General, after consultation with the Committee on District Courts, the Superintendent of State Police and the Commissioner, shall approve a form for the summons to be issued in either an electronic or paper format and all revisions to the form to be used by all law-enforcement officers throughout the Commonwealth in cases of motor vehicle law violations reportable to the Department under the provisions of §§ 46.2-382 and 46.2-383 and for other offenses charged on a summons pursuant to § 19.2-74. The commencement and termination date for the use of the form and each revised version of the form shall be made by the Attorney General after consultation with the Committee on District Courts, the Superintendent of State Police and the Commissioner. The law-enforcement agency issuing the summons shall determine whether to use an electronic or paper format.
Terms Used In Virginia Code 46.2-388
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Summons: Another word for subpoena used by the criminal justice system.
- Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
The form of the summons shall include multiple copies with the original to be used for court records and other copies in sufficient number to permit the use of one copy by the courts for purposes of filing abstracts of records with the Department as required by § 46.2-383 and shall be a form prepared by the Department within the meaning of § 46.2-386. The form of the summons shall also include appropriate space for use in cases of violation of either state laws or local ordinances.
B. A separate citation which has been approved in the manner prescribed in subsection A shall be used for violations of §§ 46.2-1122 through 46.2-1127 and 46.2-1130. The citation shall be directed to the owner, operator or other person responsible for the overweight violation, and shall advise him of:
1. The nature of the violation charged against him;
2. The amount of monetary fees, penalties, and damages that may be assessed for violations;
3. The requirement that he either pay the fees, penalties, and damages in full or deliver a notice of his intent to contest the charge to the Department;
4. The procedures and time limits for making the payments or contesting such charge, which shall include the trial date, which shall in no event be earlier than 60 days after the violation; and
5. The consequences of a failure to timely pay or contest the charge.
C. A separate citation that has been approved in the manner prescribed in subsection A shall be used for violations of § 46.2-613.1. The citation shall be directed to the owner, operator, or other person responsible for the violation and shall advise him of:
1. The nature of the violation charged against him;
2. The amount of monetary fees and penalties that may be assessed for violations;
3. The requirement that he either pay the fee and penalties in full or deliver a notice of his intent to contest the charge to the Department;
4. The procedures and time limits for making the payments or contesting such charge which shall include the trial date, which shall in no event be earlier than 60 days after the violation; and
5. The consequences of a failure to timely pay or contest the charge.
1968, c. 712, § 46.1-416.1; 1977, cc. 81, 585; 1984, c. 24; 1986, c. 588; 1989, c. 727; 2005, c. 589; 2011, cc. 62, 73.