18.2-268.4 - Trial and appeal for refusal. - Virginia Statutes

§ 18.2-268.4. Trial and appeal for refusal.

A. Venue for the trial of the warrant or summons shall lie in the court ofthe county or city in which the offense of driving under the influence ofintoxicants or other offense listed in subsection A of § 18.2-268.3 is to betried.

B. The procedure for appeal and trial of a first offense of § 18.2-268.3shall be the same as provided by law for misdemeanors; if requested by eitherparty on appeal to the circuit court, trial by jury shall be as provided inArticle 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and theCommonwealth shall be required to prove its case beyond a reasonable doubt.

C. If the defendant pleads guilty to a violation of § 18.2-266, 18.2-266.1,or subsection B of § 18.2-272 or of a similar ordinance, the court maydismiss the warrant or summons.

The court shall dispose of the defendant's license in accordance with theprovisions of § 46.2-398; however, the defendant's license shall not bereturned during any period of suspension imposed under § 46.2-391.2.

(1992, c. 830; 1994, cc. 151, 359, 363; 2004, cc. 985, 1013; 2005, cc. 757,840, 943.)