3.2-5128 - Duty of attorney for the Commonwealth when violation reported; Commissioner to give notice. - Virginia Statutes

§ 3.2-5128. Duty of attorney for the Commonwealth when violation reported;Commissioner to give notice.

A. If the Commissioner institutes criminal proceedings against any person forany violation pursuant to this article, then: (i) he shall give appropriatenotice to the person and give an opportunity for the person to present hisviews before the Commissioner, either orally or in writing, in person or byattorney, with regard to such contemplated proceeding, and (ii) he may reportthe violation to an attorney for the Commonwealth.

B. It shall be the duty of each attorney for the Commonwealth, to whom theCommissioner reports any violation of this article, to cause appropriateproceedings to be instituted in the appropriate courts without delay and tobe prosecuted in the manner required by law.

C. Nothing in this article shall require the Commissioner to report minorviolations of this article to the attorney for the Commonwealth, whenever hebelieves that the public interest will be adequately served in thecircumstances by a suitable written notice or warning.

(Code 1950, §§ 3-312, 3-313; 1966, c. 702, §§ 3.1-392, 3.1-393; 2008, c. 860.)