28.2-901 - Summons issued instead of being taken into custody; failure to appear. - Virginia Statutes

§ 28.2-901. Summons issued instead of being taken into custody; failure toappear.

A. Whenever any person is detained by or is in the custody of an arrestingofficer for any violation of the laws enforceable pursuant to § 28.2-900, thearresting officer shall take the name and address of each person detained andissue a summons or otherwise notify him in writing to appear at a time andcourt to be specified in the summons or notice. When the person gives hiswritten promise to appear at the designated time and place, the officer shallimmediately release him from custody.

B. If the arresting officer (i) believes a detained person is likely todisregard a summons issued under the provisions of this section or (ii)reasonably believes a detained person is likely to harm himself or another,or if the person refuses to give his written promise to appear, the officermay take the offender, vessel and property into custody. The person shall bebrought before the nearest or most accessible judicial officer or otherperson qualified to admit bail having jurisdiction.

C. The failure of any person to appear as required by a summons issued underthe provisions of this section shall suspend all licenses issued to theperson pursuant to this subtitle until such time as he appears to answer thecharges against him. Failure to appear shall bar the issuance of any furtherlicense to the person until he appears.

(1983, c. 591, § 28.1-185.2; 1992, c. 836.)