{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-943.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-943.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-943.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-943.html"}],"law_id":58652,"edition_id":1,"section_id":58652,"structure_id":15402,"section_number":"46.2-943","catch_line":"Court or jury may consider defendant’s prior traffic record before sentencing","history":"1975, c. 577, \u00a7\u00a7 46.1-347.1, 46.1-347.2; 1984, c. 780; 1989, c. 727.","full_text":"The term “traffic offense” when used in this section shall mean any moving traffic violation described or enumerated in subdivisions A 1 and 2 of \u00a7 46.2-382, whether such violation was committed within or outside the Commonwealth according to the records of the Department of Motor Vehicles.\n\t\tThe term “prior traffic record” when used in this section shall mean the record of prior suspensions and revocations of a driver’s license, and the record of prior convictions of traffic offenses described in the foregoing provisions of this section.\n\t\tWhen any person is found guilty of a traffic offense, the court or jury trying the case may consider the prior traffic record of the defendant before imposing sentence as provided by law. After the prior traffic record of the defendant has been introduced, the defendant shall be afforded an opportunity to present evidence limited to showing the nature of his prior convictions, suspensions, and revocations.","order_by":null,"text":{"0":{"id":214968,"text":"The term “traffic offense” when used in this section shall mean any moving traffic violation described or enumerated in subdivisions A 1 and 2 of \u00a7 46.2-382, whether such violation was committed within or outside the Commonwealth according to the records of the Department of Motor Vehicles.\n\t\tThe term “prior traffic record” when used in this section shall mean the record of prior suspensions and revocations of a driver’s license, and the record of prior convictions of traffic offenses described in the foregoing provisions of this section.\n\t\tWhen any person is found guilty of a traffic offense, the court or jury trying the case may consider the prior traffic record of the defendant before imposing sentence as provided by law. After the prior traffic record of the defendant has been introduced, the defendant shall be afforded an opportunity to present evidence limited to showing the nature of his prior convictions, suspensions, and revocations.","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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-943\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 577 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 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1984, chapter 780; in 1989, chapter 727.<\/p>","references":false,"refers_to":[{"id":55524,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","order_by":null,"url":"\/46.2-382\/"}],"permalink":{"id":230691,"object_type":"law","relational_id":58652,"identifier":"46.2-943","token":"46.2\/III\/8\/17\/46.2-943","url":"\/46.2-943\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-943\/","token":"46.2\/III\/8\/17\/46.2-943","dublin_core":{"Title":"Court or jury may consider defendant’s prior traffic record before sentencing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-943","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The term “traffic offense<\/span>” when used in this section shall mean any moving traffic violation described or enumerated in subdivisions A 1 and 2 of \u00a7 46.2-382<\/a>, whether such violation was committed within or outside the Commonwealth according to the records of the Department<\/span> of Motor Vehicles<\/span>.\n\t\tThe term “prior traffic record<\/span>” when used in this section shall mean the record of prior suspensions<\/span> and revocations<\/span> of a driver<\/span>’s license, and the record of prior convictions<\/span> of traffic offenses<\/span> described in the foregoing provisions of this section.\n\t\tWhen any person is found guilty of a traffic offense<\/span>, the court<\/span> or jury<\/span> trying the case may consider the prior traffic record<\/span> of the defendant<\/span> before imposing sentence as provided by law<\/span>. After the prior traffic record<\/span> of the defendant<\/span> has been introduced, the defendant<\/span> shall be afforded an opportunity to present evidence<\/span> limited to showing the nature of his prior convictions<\/span>, suspensions<\/span>, and revocations<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT OR JURY MAY CONSIDER DEFENDANT’S PRIOR TRAFFIC RECORD BEFORE\nSENTENCING (\u00a7 46.2-943)\n\nThe term “traffic offense” when used in this section shall mean any\nmoving traffic violation described or enumerated in subdivisions A 1 and 2 of \u00a7\n46.2-382, whether such violation was committed within or outside the\nCommonwealth according to the records of the Department of Motor Vehicles.\n\t\tThe term “prior traffic record” when used in this section shall\nmean the record of prior suspensions and revocations of a driver’s\nlicense, and the record of prior convictions of traffic offenses described in\nthe foregoing provisions of this section.\n\t\tWhen any person is found guilty of a traffic offense, the court or jury trying\nthe case may consider the prior traffic record of the defendant before imposing\nsentence as provided by law. After the prior traffic record of the defendant\nhas been introduced, the defendant shall be afforded an opportunity to present\nevidence limited to showing the nature of his prior convictions, suspensions,\nand revocations.\n\nHISTORY: 1975, c. 577, \u00a7\u00a7 46.1-347.1, 46.1-347.2; 1984, c. 780; 1989, 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}}