{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-384.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-384.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-384.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-384.html"}],"law_id":65847,"edition_id":1,"section_id":65847,"structure_id":13851,"section_number":"46.2-384","catch_line":"Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers’ conviction records","history":"1968, c. 335, \u00a7 46.1-413.1; 1976, c. 148; 1984, c. 780; 1988, c. 413; 1989, cc. 705, 727; 1992, c. 838; 1997, c. 691.","full_text":"Every law-enforcement officer who has arrested any person for (i) driving while under the influence of intoxicants or drugs in violation of \u00a7 18.2-51.4 or \u00a7 18.2-266 or a parallel local ordinance, or \u00a7 46.2-341.24, (ii) reckless driving in violation of \u00a7\u00a7 46.2-852 through 46.2-865 or a parallel local ordinance, (iii) failure to stop at the scene of an accident in violation of \u00a7\u00a7 46.2-894 through 46.2-899 or a parallel local ordinance or (iv) driving without a license or while his license has been suspended or revoked in violation of \u00a7 18.2-51.4 or \u00a7 18.2-272, or \u00a7\u00a7 46.2-300 through 46.2-302 or a parallel local ordinance or while he is disqualified in violation of \u00a7 46.2-341.21 of the Commercial Vehicle Driver’s License Act (\u00a7 46.2-341.1 et seq.), shall request from the Department an abstract or transcript of the person’s driver’s conviction record on file at the Department. The Department shall furnish the abstract or transcript to the attorney for the Commonwealth of the jurisdiction in which the case will be heard, to be held available for the court in which the person is to be tried for the violation or charge. However, the failure of the attorney for the Commonwealth to receive the abstract or transcript in any case shall not constitute grounds for the granting of a continuance of such case. In any such prosecution wherein a necessary element of the offense charged is that the defendant was previously convicted of the same or similar offense, a copy, certified as provided in \u00a7 46.2-215, of (1) the abstract of the relevant prior conviction, certified as provided in \u00a7 46.2-386, or (2) that portion of the transcript relating to the relevant prior conviction, shall be prima facie evidence of the facts stated therein with respect to the prior offense.","order_by":null,"text":{"0":{"id":239307,"text":"Every law-enforcement officer who has arrested any person for (i) driving while under the influence of intoxicants or drugs in violation of \u00a7 18.2-51.4 or \u00a7 18.2-266 or a parallel local ordinance, or \u00a7 46.2-341.24, (ii) reckless driving in violation of \u00a7\u00a7 46.2-852 through 46.2-865 or a parallel local ordinance, (iii) failure to stop at the scene of an accident in violation of \u00a7\u00a7 46.2-894 through 46.2-899 or a parallel local ordinance or (iv) driving without a license or while his license has been suspended or revoked in violation of \u00a7 18.2-51.4 or \u00a7 18.2-272, or \u00a7\u00a7 46.2-300 through 46.2-302 or a parallel local ordinance or while he is disqualified in violation of \u00a7 46.2-341.21 of the Commercial Vehicle Driver’s License Act (\u00a7 46.2-341.1 et seq.), shall request from the Department an abstract or transcript of the person’s driver’s conviction record on file at the Department. The Department shall furnish the abstract or transcript to the attorney for the Commonwealth of the jurisdiction in which the case will be heard, to be held available for the court in which the person is to be tried for the violation or charge. However, the failure of the attorney for the Commonwealth to receive the abstract or transcript in any case shall not constitute grounds for the granting of a continuance of such case. In any such prosecution wherein a necessary element of the offense charged is that the defendant was previously convicted of the same or similar offense, a copy, certified as provided in \u00a7 46.2-215, of (1) the abstract of the relevant prior conviction, certified as provided in \u00a7 46.2-386, or (2) that portion of the transcript relating to the relevant prior conviction, shall be prima facie evidence of the facts stated therein with respect to the prior offense.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13851,"edition_id":1,"name":"Accident Reports","identifier":"11","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":225679,"object_type":"structure","relational_id":13851,"identifier":"11","token":"46.2\/II\/3\/11","url":"\/46.2\/II\/3\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85198,"structure_id":13851,"section_number":"46.2-371","catch_line":"Driver to give immediate notice of certain accidents","url":"\/46.2-371\/","token":"46.2\/II\/3\/11\/46.2-371","metadata":false},{"id":66632,"structure_id":13851,"section_number":"46.2-372","catch_line":"Driver to report certain accidents in writing; certification of financial responsibility to Department; supplemental reports; reports by witnesses","url":"\/46.2-372\/","token":"46.2\/II\/3\/11\/46.2-372","metadata":false},{"id":60928,"structure_id":13851,"section_number":"46.2-373","catch_line":"Report by law-enforcement official investigating accident","url":"\/46.2-373\/","token":"46.2\/II\/3\/11\/46.2-373","metadata":false},{"id":66903,"structure_id":13851,"section_number":"46.2-373.1","catch_line":"Report of law-enforcement officer involved in accident","url":"\/46.2-373.1\/","token":"46.2\/II\/3\/11\/46.2-373.1","metadata":false},{"id":75021,"structure_id":13851,"section_number":"46.2-374","catch_line":"Department to prepare and supply forms for reports","url":"\/46.2-374\/","token":"46.2\/II\/3\/11\/46.2-374","metadata":false},{"id":79660,"structure_id":13851,"section_number":"46.2-375","catch_line":"Reports by medical examiners of deaths resulting from accidents","url":"\/46.2-375\/","token":"46.2\/II\/3\/11\/46.2-375","metadata":false},{"id":86185,"structure_id":13851,"section_number":"46.2-376","catch_line":"Report required of person in charge of garage or repair shop","url":"\/46.2-376\/","token":"46.2\/II\/3\/11\/46.2-376","metadata":false},{"id":86462,"structure_id":13851,"section_number":"46.2-377","catch_line":"Reports made by garages to be without prejudice and confidential; exceptions","url":"\/46.2-377\/","token":"46.2\/II\/3\/11\/46.2-377","metadata":false},{"id":57848,"structure_id":13851,"section_number":"46.2-378","catch_line":"Extent to which reports may be used as evidence","url":"\/46.2-378\/","token":"46.2\/II\/3\/11\/46.2-378","metadata":false},{"id":62688,"structure_id":13851,"section_number":"46.2-379","catch_line":"Use of crash reports made by investigating officers","url":"\/46.2-379\/","token":"46.2\/II\/3\/11\/46.2-379","metadata":false},{"id":60523,"structure_id":13851,"section_number":"46.2-380","catch_line":"Reports made under certain sections open to inspection by certain persons; copies; maintenance of reports and photographs for three-year period","url":"\/46.2-380\/","token":"46.2\/II\/3\/11\/46.2-380","metadata":false},{"id":84456,"structure_id":13851,"section_number":"46.2-381","catch_line":"Accident reports required by county or municipal ordinance; copies","url":"\/46.2-381\/","token":"46.2\/II\/3\/11\/46.2-381","metadata":false},{"id":55524,"structure_id":13851,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","url":"\/46.2-382\/","token":"46.2\/II\/3\/11\/46.2-382","metadata":false},{"id":68938,"structure_id":13851,"section_number":"46.2-382.1","catch_line":"Courts to make findings relating to commercial motor vehicles","url":"\/46.2-382.1\/","token":"46.2\/II\/3\/11\/46.2-382.1","metadata":false},{"id":55824,"structure_id":13851,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","url":"\/46.2-383\/","token":"46.2\/II\/3\/11\/46.2-383","metadata":false},{"id":65847,"structure_id":13851,"section_number":"46.2-384","catch_line":"Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers' conviction records","url":"\/46.2-384\/","token":"46.2\/II\/3\/11\/46.2-384","metadata":false},{"id":57729,"structure_id":13851,"section_number":"46.2-385","catch_line":"Prosecuting attorneys to appear in certain cases","url":"\/46.2-385\/","token":"46.2\/II\/3\/11\/46.2-385","metadata":false},{"id":59992,"structure_id":13851,"section_number":"46.2-386","catch_line":"Forms for and information to be contained in abstracts; certification","url":"\/46.2-386\/","token":"46.2\/II\/3\/11\/46.2-386","metadata":false},{"id":68441,"structure_id":13851,"section_number":"46.2-387","catch_line":"Penalty for failure to forward record of conviction or of judgment for damages","url":"\/46.2-387\/","token":"46.2\/II\/3\/11\/46.2-387","metadata":false},{"id":54873,"structure_id":13851,"section_number":"46.2-388","catch_line":"Uniform summons to be used for reportable motor vehicle law violations; citations","url":"\/46.2-388\/","token":"46.2\/II\/3\/11\/46.2-388","metadata":false}],"previous_section":{"id":55824,"structure_id":13851,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","url":"\/46.2-383\/","token":"46.2\/II\/3\/11\/46.2-383","metadata":false},"next_section":{"id":57729,"structure_id":13851,"section_number":"46.2-385","catch_line":"Prosecuting attorneys to appear in certain cases","url":"\/46.2-385\/","token":"46.2\/II\/3\/11\/46.2-385","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-384\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 335 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 148; in 1984, chapter 780; in 1988, chapter 413; in 1989, chapters 705 and 727; in 1992, chapter 838; in 1997, chapter 691<\/a>.<\/p>","references":false,"refers_to":[{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":63300,"section_number":"46.2-215","catch_line":"Certification of certain records and admissibility in evidence","order_by":null,"url":"\/46.2-215\/"},{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","order_by":null,"url":"\/46.2-300\/"},{"id":60940,"section_number":"46.2-302","catch_line":"Driving while restoration of license is contingent on furnishing proof of financial responsibility","order_by":null,"url":"\/46.2-302\/"},{"id":62139,"section_number":"46.2-341.1","catch_line":"Title","order_by":null,"url":"\/46.2-341.1\/"},{"id":63743,"section_number":"46.2-341.21","catch_line":"Driving while disqualified; penalties","order_by":null,"url":"\/46.2-341.21\/"},{"id":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"},{"id":59992,"section_number":"46.2-386","catch_line":"Forms for and information to be contained in abstracts; certification","order_by":null,"url":"\/46.2-386\/"},{"id":81167,"section_number":"46.2-852","catch_line":"Reckless driving; general rule","order_by":null,"url":"\/46.2-852\/"},{"id":69860,"section_number":"46.2-865","catch_line":"(Effective July 1, 2026) Racing or exhibition driving; definitions; penalties","order_by":null,"url":"\/46.2-865\/"},{"id":56513,"section_number":"46.2-894","catch_line":"Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty","order_by":null,"url":"\/46.2-894\/"},{"id":74864,"section_number":"46.2-899","catch_line":"Article applies to accidents on private or public property","order_by":null,"url":"\/46.2-899\/"}],"permalink":{"id":225741,"object_type":"law","relational_id":65847,"identifier":"46.2-384","token":"46.2\/II\/3\/11\/46.2-384","url":"\/46.2-384\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-384\/","token":"46.2\/II\/3\/11\/46.2-384","dublin_core":{"Title":"Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers’ conviction records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-384","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every law<\/span>-enforcement officer<\/span> who has arrested any person for (i) driving while under the influence of intoxicants or drugs in violation of \u00a7 18.2-51.4<\/a> or \u00a7 18.2-266<\/a> or a parallel local ordinance<\/span>, or \u00a7 46.2-341.24<\/a>, (ii) reckless driving<\/span> in violation of \u00a7\u00a7 46.2-852<\/a> through 46.2-865<\/a> or a parallel local ordinance<\/span>, (iii) failure to stop at the scene of an accident in violation of \u00a7\u00a7 46.2-894<\/a> through 46.2-899<\/a> or a parallel local ordinance<\/span> or (iv) driving without a license or while his license has been suspended or revoked in violation of \u00a7 18.2-51.4<\/a> or \u00a7 18.2-272<\/a>, or \u00a7\u00a7 46.2-300<\/a> through 46.2-302<\/a> or a parallel local ordinance<\/span> or while he is disqualified in violation of \u00a7 46.2-341.21<\/a> of the Commercial Vehicle<\/span> Driver<\/span>’s License Act (\u00a7 46.2-341.1<\/a> et seq.), shall request from the Department<\/span> an abstract or transcript<\/span> of the person’s driver<\/span>’s conviction<\/span> record on file at the Department<\/span>. The Department<\/span> shall furnish the abstract or transcript<\/span> to the attorney for the Commonwealth of the jurisdiction<\/span> in which the case will be heard, to be held available for the court<\/span> in which the person is to be tried for the violation or charge. However, the failure of the attorney for the Commonwealth to receive the abstract or transcript<\/span> in any case shall not constitute grounds for the granting of a continuance<\/span> of such case. In any such prosecution<\/span> wherein a necessary element of the offense<\/span> charged is that the defendant<\/span> was previously convicted of the same or similar offense<\/span>, a copy, certified as provided in \u00a7 46.2-215<\/a>, of (1) the abstract of the relevant prior conviction<\/span>, certified as provided in \u00a7 46.2-386<\/a>, or (2) that portion of the transcript<\/span> relating to the relevant prior conviction<\/span>, shall be prima facie evidence<\/span> of the facts<\/span> stated therein with respect to the prior offense<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLAW-ENFORCEMENT OFFICERS ARRESTING DRIVERS FOR CERTAIN OFFENSES TO REQUEST\nABSTRACTS OR TRANSCRIPTS OF DRIVERS’ CONVICTION RECORDS (\u00a7 46.2-384)\n\nEvery law-enforcement officer who has arrested any person for (i) driving while\nunder the influence of intoxicants or drugs in violation of \u00a7 18.2-51.4 or \u00a7\n18.2-266 or a parallel local ordinance, or \u00a7 46.2-341.24, (ii) reckless driving\nin violation of \u00a7\u00a7 46.2-852 through 46.2-865 or a parallel local ordinance,\n(iii) failure to stop at the scene of an accident in violation of \u00a7\u00a7 46.2-894\nthrough 46.2-899 or a parallel local ordinance or (iv) driving without a license\nor while his license has been suspended or revoked in violation of \u00a7 18.2-51.4\nor \u00a7 18.2-272, or \u00a7\u00a7 46.2-300 through 46.2-302 or a parallel local ordinance\nor while he is disqualified in violation of \u00a7 46.2-341.21 of the Commercial\nVehicle Driver’s License Act (\u00a7 46.2-341.1 et seq.), shall request from\nthe Department an abstract or transcript of the person’s driver’s\nconviction record on file at the Department. The Department shall furnish the\nabstract or transcript to the attorney for the Commonwealth of the jurisdiction\nin which the case will be heard, to be held available for the court in which the\nperson is to be tried for the violation or charge. However, the failure of the\nattorney for the Commonwealth to receive the abstract or transcript in any case\nshall not constitute grounds for the granting of a continuance of such case. In\nany such prosecution wherein a necessary element of the offense charged is that\nthe defendant was previously convicted of the same or similar offense, a copy,\ncertified as provided in \u00a7 46.2-215, of (1) the abstract of the relevant prior\nconviction, certified as provided in \u00a7 46.2-386, or (2) that portion of the\ntranscript relating to the relevant prior conviction, shall be prima facie\nevidence of the facts stated therein with respect to the prior offense.\n\nHISTORY: 1968, c. 335, \u00a7 46.1-413.1; 1976, c. 148; 1984, c. 780; 1988, c. 413;\n1989, cc. 705, 727; 1992, c. 838; 1997, c. 691.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}