{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-938.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-938.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-938.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-938.html"}],"law_id":58995,"edition_id":1,"section_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","history":"1974, c. 372, \u00a7 46.1-178.1; 1975, c. 201; 1981, c. 382; 1984, c. 780; 1989, c. 727.","full_text":"Upon the failure of any person to comply with the terms of a summons or notice as provided in \u00a7 46.2-936, such person shall be guilty of a Class 1 misdemeanor and the court may order a warrant for his arrest. The warrant shall be returnable to the court having jurisdiction of the offense and shall be accompanied by a report by the arresting officer which shall clearly identify the person arrested, specifying the section of the Code of Virginia or ordinance violated, the location of the offense, a description of the motor vehicle and its registration or license number.\n\t\tIf the warrant is returned to the court with the notation “not found” or the person named in the warrant does not appear on the return date thereof, the court shall forward a certificate of the fact of nonservice or nonappearance, with a copy of the report specified in the foregoing provisions of this section, to the Commissioner of the Department of Motor Vehicles, who shall forthwith suspend the driver’s license of such person. The order of suspension shall specify the reason for the suspension. Such suspension shall continue until such time as the court has notified the Commissioner that the defendant has appeared before the court under the terms of the summons or notice and the warrant.","order_by":null,"text":{"0":{"id":216296,"text":"Upon the failure of any person to comply with the terms of a summons or notice as provided in \u00a7 46.2-936, such person shall be guilty of a Class 1 misdemeanor and the court may order a warrant for his arrest. The warrant shall be returnable to the court having jurisdiction of the offense and shall be accompanied by a report by the arresting officer which shall clearly identify the person arrested, specifying the section of the Code of Virginia or ordinance violated, the location of the offense, a description of the motor vehicle and its registration or license number.\n\t\tIf the warrant is returned to the court with the notation “not found” or the person named in the warrant does not appear on the return date thereof, the court shall forward a certificate of the fact of nonservice or nonappearance, with a copy of the report specified in the foregoing provisions of this section, to the Commissioner of the Department of Motor Vehicles, who shall forthwith suspend the driver’s license of such person. The order of suspension shall specify the reason for the suspension. Such suspension shall continue until such time as the court has notified the Commissioner that the defendant has appeared before the court under the terms of the summons or notice and the warrant.","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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-938\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 372 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 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1975, chapter 201; in 1981, chapter 382; in 1984, chapter 780; in 1989, chapter 727.<\/p>","references":[{"id":62674,"section_number":"19.2-258.1","catch_line":"Trial of traffic infractions; measure of proof; failure to appear","order_by":null,"url":"\/19.2-258.1\/"},{"id":81229,"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","order_by":null,"url":"\/46.2-936\/"}],"refers_to":[{"id":81229,"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","order_by":null,"url":"\/46.2-936\/"}],"permalink":{"id":230671,"object_type":"law","relational_id":58995,"identifier":"46.2-938","token":"46.2\/III\/8\/17\/46.2-938","url":"\/46.2-938\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-938\/","token":"46.2\/III\/8\/17\/46.2-938","dublin_core":{"Title":"Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for failure to appear","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-938","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon the failure of any person to comply with the terms of a summons<\/span> or notice as provided in \u00a7 46.2-936<\/a>, such person shall be guilty of a Class 1 misdemeanor<\/span> and the court<\/span> may order<\/span> a warrant for his arrest<\/span>. The warrant shall be returnable to the court<\/span> having jurisdiction<\/span> of the offense<\/span> and shall be accompanied by a report by the arresting officer which shall clearly identify the person arrested, specifying the section of the Code of Virginia or ordinance<\/span> violated, the location of the offense<\/span>, a description of the motor vehicle<\/span> and its registration or license number.\n\t\tIf the warrant is returned to the court<\/span> with the notation “not found” or the person named in the warrant does not appear on the return date thereof, the court<\/span> shall forward a certificate of the fact<\/span> of nonservice or nonappearance, with a copy of the report specified in the foregoing provisions of this section, to the Commissioner<\/span> of the Department<\/span> of Motor Vehicles<\/span>, who shall forthwith suspend<\/span> the driver<\/span>’s license of such person. The order<\/span> of suspension<\/span> shall specify the reason for the suspension<\/span>. Such suspension<\/span> shall continue until such time as the court<\/span> has notified the Commissioner<\/span> that the defendant<\/span> has appeared before the court<\/span> under the terms of the summons<\/span> or notice and the warrant.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF WARRANT UPON FAILURE TO COMPLY WITH SUMMONS; PENALTIES; SUSPENSION\nOF LICENSES FOR FAILURE TO APPEAR (\u00a7 46.2-938)\n\nUpon the failure of any person to comply with the terms of a summons or notice\nas provided in \u00a7 46.2-936, such person shall be guilty of a Class 1 misdemeanor\nand the court may order a warrant for his arrest. The warrant shall be\nreturnable to the court having jurisdiction of the offense and shall be\naccompanied by a report by the arresting officer which shall clearly identify\nthe person arrested, specifying the section of the Code of Virginia or ordinance\nviolated, the location of the offense, a description of the motor vehicle and\nits registration or license number.\n\t\tIf the warrant is returned to the court with the notation “not\nfound” or the person named in the warrant does not appear on the return\ndate thereof, the court shall forward a certificate of the fact of nonservice or\nnonappearance, with a copy of the report specified in the foregoing provisions\nof this section, to the Commissioner of the Department of Motor Vehicles, who\nshall forthwith suspend the driver’s license of such person. The order of\nsuspension shall specify the reason for the suspension. Such suspension shall\ncontinue until such time as the court has notified the Commissioner that the\ndefendant has appeared before the court under the terms of the summons or notice\nand the warrant.\n\nHISTORY: 1974, c. 372, \u00a7 46.1-178.1; 1975, c. 201; 1981, c. 382; 1984, c. 780;\n1989, c. 727.","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}}