46.2-341.26:4 - Appeal and trial; sanctions for refusal; procedures - Virginia Statutes

§ 46.2-341.26:4. Appeal and trial; sanctions for refusal; procedures.

The procedure for appeal and trial shall be the same as provided by law formisdemeanors. If requested by either party on appeal to the circuit court,trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) ofChapter 15 of Title 19.2, and the Commonwealth shall be required to prove itscase beyond a reasonable doubt.

If the court or jury finds the defendant guilty as charged in the warrant orsummons referred to in § 46.2-341.26:3, the defendant shall be disqualifiedas provided in § 46.2-341.18. However, if the defendant pleads guilty to aviolation of § 46.2-341.24, the court may dismiss the warrant or summons.

The court shall notify the Commissioner of any such finding of guilt andshall forward the defendant's license to the Commissioner as in other casesof similar nature for suspension of license unless the defendant appeals hisconviction. In such case the court shall return the license to the defendantupon his appeal being perfected.

(1992, c. 830.)