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

A. Venue for the trial of the warrant or summons shall lie in the court of the county or city in which the offense of driving under the influence of intoxicants or other offense listed in subsection A or B of § 46.2-341.26:3 is to be tried.

B. The procedure for appeal and trial of any civil offense of § 46.2-341.26:3 shall be the same as provided by law for misdemeanors. 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.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt.

C. If the defendant pleads guilty to a violation of § 46.2-341.24, the court may dismiss the warrant or summons. The court shall dispose of the defendant’s license in accordance with the provisions of § 46.2-398; however, the defendant’s license shall not be returned during any period of suspension imposed under § 46.2-391.2.

History

This law was first created in 1992. The record of its establishment is cataloged in chapter 830 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 “Acts” aren’t available online. It has been modified 1 time. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. That modification is as follows: in 2017, chapter 623.

1992, c. 830; 2017, c. 623.

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