{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-936.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-936.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-936.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-936.html"}],"law_id":81229,"edition_id":1,"section_id":81229,"structure_id":15402,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","history":"Code 1950, \u00a7 46-193; 1950, p. 94; 1954, c. 174; 1958, c. 541, \u00a7 46.1-178; 1972, c. 477; 1975, c. 191; 1981, c. 382; 1983, c. 458; 1989, c. 727; 1990, c. 218; 1992, c. 830; 1999, cc. 829, 846; 2021, Sp. Sess. I, c. 338.","full_text":"Whenever any person is detained by or in the custody of an arresting officer, including an arrest on a warrant, for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall, except as otherwise provided in \u00a7 46.2-940, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Such time shall be at least five days after such arrest unless the person arrested demands an earlier hearing. Such person shall, if he so desires, have a right to an immediate hearing, or a hearing within 24 hours at a convenient hour, before a court having jurisdiction under this title within the county, city, or town wherein such offense was committed. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody.\n\t\tNotwithstanding the foregoing provisions of this section, if prior general approval has been granted by order of the general district court for the use of this section in cases involving violations of \u00a7\u00a7 46.2-301 and 46.2-302, the arresting officer may take the person before the appropriate judicial officer of the county or city in which the violation occurred and make oath as to the offense and request issuance of a warrant. If a warrant is issued, the judicial officer shall proceed in accordance with the provisions of Article 1 (\u00a7 19.2-119 et seq.) of Chapter 9 of Title 19.2.\n\t\tNotwithstanding any other provision of this section, in cases involving a violation of \u00a7 46.2-341.24 or \u00a7 46.2-341.31, the arresting officer shall take the person before a magistrate as provided in \u00a7\u00a7 46.2-341.26:2 and 46.2-341.26:3. The magistrate may issue either a summons or a warrant as he shall deem proper.\n\t\tIf any person refuses to give such written promise to appear under the provisions of this section, the arresting officer shall give such person notice of the time and place of the hearing, note such person’s refusal to give his written promise to appear on the summons, and forthwith release him from custody.\n\t\tAny person who willfully violates his written promise to appear or fails to appear at the time and place specified in such summons or notice issued in accordance with this section shall be treated in accordance with the provisions of \u00a7 46.2-938.\n\t\tAny officer violating any of the provisions of this section shall be guilty of misconduct in office and subject to removal therefrom upon complaint filed by any person in a court of competent jurisdiction. This section shall not be construed to limit the removal of a law-enforcement officer for other misconduct in office.","order_by":null,"text":{"0":{"id":291159,"text":"Whenever any person is detained by or in the custody of an arresting officer, including an arrest on a warrant, for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall, except as otherwise provided in \u00a7 46.2-940, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Such time shall be at least five days after such arrest unless the person arrested demands an earlier hearing. Such person shall, if he so desires, have a right to an immediate hearing, or a hearing within 24 hours at a convenient hour, before a court having jurisdiction under this title within the county, city, or town wherein such offense was committed. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody.\n\t\tNotwithstanding the foregoing provisions of this section, if prior general approval has been granted by order of the general district court for the use of this section in cases involving violations of \u00a7\u00a7 46.2-301 and 46.2-302, the arresting officer may take the person before the appropriate judicial officer of the county or city in which the violation occurred and make oath as to the offense and request issuance of a warrant. If a warrant is issued, the judicial officer shall proceed in accordance with the provisions of Article 1 (\u00a7 19.2-119 et seq.) of Chapter 9 of Title 19.2.\n\t\tNotwithstanding any other provision of this section, in cases involving a violation of \u00a7 46.2-341.24 or \u00a7 46.2-341.31, the arresting officer shall take the person before a magistrate as provided in \u00a7\u00a7 46.2-341.26:2 and 46.2-341.26:3. The magistrate may issue either a summons or a warrant as he shall deem proper.\n\t\tIf any person refuses to give such written promise to appear under the provisions of this section, the arresting officer shall give such person notice of the time and place of the hearing, note such person’s refusal to give his written promise to appear on the summons, and forthwith release him from custody.\n\t\tAny person who willfully violates his written promise to appear or fails to appear at the time and place specified in such summons or notice issued in accordance with this section shall be treated in accordance with the provisions of \u00a7 46.2-938.\n\t\tAny officer violating any of the provisions of this section shall be guilty of misconduct in office and subject to removal therefrom upon complaint filed by any person in a court of competent jurisdiction. This section shall not be construed to limit the removal of a law-enforcement officer for other misconduct in office.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15402,"edition_id":1,"name":"Legal Procedures and Requirements","identifier":"17","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:54:39","date_modified":"2026-06-26 03:54:39","permalink":{"id":230661,"object_type":"structure","relational_id":15402,"identifier":"17","token":"46.2\/III\/8\/17","url":"\/46.2\/III\/8\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","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":81229,"structure_id":15402,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","url":"\/46.2-936\/","token":"46.2\/III\/8\/17\/46.2-936","metadata":false},{"id":84627,"structure_id":15402,"section_number":"46.2-937","catch_line":"Traffic infractions treated as misdemeanors for arrest purposes","url":"\/46.2-937\/","token":"46.2\/III\/8\/17\/46.2-937","metadata":false},{"id":58995,"structure_id":15402,"section_number":"46.2-938","catch_line":"Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for failure to appear","url":"\/46.2-938\/","token":"46.2\/III\/8\/17\/46.2-938","metadata":false},{"id":85465,"structure_id":15402,"section_number":"46.2-939","catch_line":"Authority of law-enforcement officers to issue subpoenas","url":"\/46.2-939\/","token":"46.2\/III\/8\/17\/46.2-939","metadata":false},{"id":64652,"structure_id":15402,"section_number":"46.2-940","catch_line":"When arresting officer shall take person before issuing authority","url":"\/46.2-940\/","token":"46.2\/III\/8\/17\/46.2-940","metadata":false},{"id":66506,"structure_id":15402,"section_number":"46.2-941","catch_line":"Conditions precedent to issuance of summons for violation of parking ordinance; notice","url":"\/46.2-941\/","token":"46.2\/III\/8\/17\/46.2-941","metadata":false},{"id":75206,"structure_id":15402,"section_number":"46.2-942","catch_line":"Admissibility of results of speedometer test in prosecution for exceeding speed limit","url":"\/46.2-942\/","token":"46.2\/III\/8\/17\/46.2-942","metadata":false},{"id":58652,"structure_id":15402,"section_number":"46.2-943","catch_line":"Court or jury may consider defendant's prior traffic record before sentencing","url":"\/46.2-943\/","token":"46.2\/III\/8\/17\/46.2-943","metadata":false}],"next_section":{"id":84627,"structure_id":15402,"section_number":"46.2-937","catch_line":"Traffic infractions treated as misdemeanors for arrest purposes","url":"\/46.2-937\/","token":"46.2\/III\/8\/17\/46.2-937","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-936\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1954, chapter 174; in 1958, chapter 541; in 1972, chapter 477; in 1975, chapter 191; in 1981, chapter 382; in 1983, chapter 458; in 1989, chapter 727; in 1990, chapter 218; in 1992, chapter 830; in 1999, chapters 829<\/a> and 846<\/a>.<\/p>","references":[{"id":79219,"section_number":"19.2-75","catch_line":"Copy of process to be left with accused; exception","order_by":null,"url":"\/19.2-75\/"},{"id":66672,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","order_by":null,"url":"\/19.2-80\/"},{"id":85727,"section_number":"29.1-739","catch_line":"Duty of operator involved in collision, accident or other casualty; immunity from liability; report of collision, etc.; summons in lieu of arrest","order_by":null,"url":"\/29.1-739\/"},{"id":60374,"section_number":"33.2-1726","catch_line":"Incidental powers of the Board","order_by":null,"url":"\/33.2-1726\/"},{"id":78222,"section_number":"33.2-802","catch_line":"Dumping trash; penalty","order_by":null,"url":"\/33.2-802\/"},{"id":58995,"section_number":"46.2-938","catch_line":"Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for failure to appear","order_by":null,"url":"\/46.2-938\/"},{"id":64652,"section_number":"46.2-940","catch_line":"When arresting officer shall take person before issuing authority","order_by":null,"url":"\/46.2-940\/"},{"id":78138,"section_number":"52-21","catch_line":"Procedure after arrest without warrant","order_by":null,"url":"\/52-21\/"}],"refers_to":[{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"},{"id":54237,"section_number":"46.2-301","catch_line":"Driving while license, permit, or privilege to drive suspended or revoked","order_by":null,"url":"\/46.2-301\/"},{"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":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":75923,"section_number":"46.2-341.26:2","catch_line":"Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver","order_by":null,"url":"\/46.2-341.26_2\/"},{"id":54631,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","order_by":null,"url":"\/46.2-341.26_3\/"},{"id":78117,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","order_by":null,"url":"\/46.2-341.31\/"},{"id":58995,"section_number":"46.2-938","catch_line":"Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for failure to appear","order_by":null,"url":"\/46.2-938\/"},{"id":64652,"section_number":"46.2-940","catch_line":"When arresting officer shall take person before issuing authority","order_by":null,"url":"\/46.2-940\/"}],"permalink":{"id":230663,"object_type":"law","relational_id":81229,"identifier":"46.2-936","token":"46.2\/III\/8\/17\/46.2-936","url":"\/46.2-936\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-936\/","token":"46.2\/III\/8\/17\/46.2-936","dublin_core":{"Title":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-936","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever any person is detained by or in the custody<\/span> of an arresting officer, including an arrest<\/span> on a warrant, for a violation of any provision of this title punishable as a misdemeanor<\/span>, the arresting officer shall, except as otherwise provided in \u00a7 46.2-940<\/a>, take the name and address of such person and the license number of his motor vehicle<\/span> and issue<\/span> a summons<\/span> or otherwise notify him in writing to appear at a time and place to be specified in such summons<\/span> or notice. Such time shall be at least five days after such arrest<\/span> unless the person arrested demands an earlier hearing<\/span>. Such person shall, if he so desires, have a right to an immediate hearing<\/span>, or a hearing<\/span> within 24 hours at a convenient hour, before a court<\/span> having jurisdiction<\/span> under this title within the county, city, or town wherein such offense<\/span> was committed. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody<\/span>.\n\t\tNotwithstanding the foregoing provisions of this section, if prior general approval has been granted by order<\/span> of the general district court<\/span> for the use of this section in cases involving violations of \u00a7\u00a7 46.2-301<\/a> and 46.2-302<\/a>, the arresting officer may take the person before the appropriate judicial officer of the county or city in which the violation occurred and make oath<\/span> as to the offense<\/span> and request issuance of a warrant. If a warrant is issued, the judicial officer shall proceed in accordance with the provisions of Article 1 (\u00a7 19.2-119<\/a> et seq.) of Chapter 9 of Title 19.2.\n\t\tNotwithstanding any other provision of this section, in cases involving a violation of \u00a7 46.2-341.24<\/a> or \u00a7 46.2-341.31<\/a>, the arresting officer shall take the person before a magistrate<\/span> as provided in \u00a7\u00a7 46.2-341.26:2<\/a> and 46.2-341.26:3<\/a>. The magistrate<\/span> may issue<\/span> either a summons<\/span> or a warrant as he shall deem proper.\n\t\tIf any person refuses to give such written promise to appear under the provisions of this section, the arresting officer shall give such person notice of the time and place of the hearing<\/span>, note such person’s refusal to give his written promise to appear on the summons<\/span>, and forthwith release him from custody<\/span>.\n\t\tAny person who willfully violates his written promise to appear or fails to appear at the time and place specified in such summons<\/span> or notice issued in accordance with this section shall be treated in accordance with the provisions of \u00a7 46.2-938<\/a>.\n\t\tAny officer violating any of the provisions of this section shall be guilty of misconduct in office and subject to removal therefrom upon complaint filed by any person in a court<\/span> of competent jurisdiction<\/span>. This section shall not be construed to limit the removal of a law<\/span>-enforcement officer<\/span> for other misconduct in office.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nARREST FOR MISDEMEANOR; RELEASE ON SUMMONS; RIGHT TO DEMAND HEARING IMMEDIATELY\nOR WITHIN 24 HOURS; ISSUANCE OF WARRANT ON REQUEST OF OFFICER FOR VIOLATIONS OF\n\u00a7\u00a7 46.2-301 AND 46.2-302; VIOLATIONS (\u00a7 46.2-936)\n\nWhenever any person is detained by or in the custody of an arresting officer,\nincluding an arrest on a warrant, for a violation of any provision of this title\npunishable as a misdemeanor, the arresting officer shall, except as otherwise\nprovided in \u00a7 46.2-940, take the name and address of such person and the\nlicense number of his motor vehicle and issue a summons or otherwise notify him\nin writing to appear at a time and place to be specified in such summons or\nnotice. Such time shall be at least five days after such arrest unless the\nperson arrested demands an earlier hearing. Such person shall, if he so desires,\nhave a right to an immediate hearing, or a hearing within 24 hours at a\nconvenient hour, before a court having jurisdiction under this title within the\ncounty, city, or town wherein such offense was committed. Upon the giving by\nsuch person of his written promise to appear at such time and place, the officer\nshall forthwith release him from custody.\n\t\tNotwithstanding the foregoing provisions of this section, if prior general\napproval has been granted by order of the general district court for the use of\nthis section in cases involving violations of \u00a7\u00a7 46.2-301 and 46.2-302, the\narresting officer may take the person before the appropriate judicial officer of\nthe county or city in which the violation occurred and make oath as to the\noffense and request issuance of a warrant. If a warrant is issued, the judicial\nofficer shall proceed in accordance with the provisions of Article 1 (\u00a7\n19.2-119 et seq.) of Chapter 9 of Title 19.2.\n\t\tNotwithstanding any other provision of this section, in cases involving a\nviolation of \u00a7 46.2-341.24 or \u00a7 46.2-341.31, the arresting officer shall take\nthe person before a magistrate as provided in \u00a7\u00a7 46.2-341.26:2 and\n46.2-341.26:3. The magistrate may issue either a summons or a warrant as he\nshall deem proper.\n\t\tIf any person refuses to give such written promise to appear under the\nprovisions of this section, the arresting officer shall give such person notice\nof the time and place of the hearing, note such person’s refusal to give\nhis written promise to appear on the summons, and forthwith release him from\ncustody.\n\t\tAny person who willfully violates his written promise to appear or fails to\nappear at the time and place specified in such summons or notice issued in\naccordance with this section shall be treated in accordance with the provisions\nof \u00a7 46.2-938.\n\t\tAny officer violating any of the provisions of this section shall be guilty of\nmisconduct in office and subject to removal therefrom upon complaint filed by\nany person in a court of competent jurisdiction. This section shall not be\nconstrued to limit the removal of a law-enforcement officer for other misconduct\nin office.\n\nHISTORY: Code 1950, \u00a7 46-193; 1950, p. 94; 1954, c. 174; 1958, c. 541, \u00a7\n46.1-178; 1972, c. 477; 1975, c. 191; 1981, c. 382; 1983, c. 458; 1989, c. 727;\n1990, c. 218; 1992, c. 830; 1999, cc. 829, 846; 2021, Sp. Sess. I, c. 338.","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}}