                                 CODE OF VIRGINIA

TRIAL AND APPEAL FOR REFUSAL (§ 18.2-268.4)

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 &#xA7; 18.2-268.3 is
to be tried.

B. The procedure for appeal and trial of any civil offense of &#xA7; 18.2-268.3
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 (&#xA7; 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 &#xA7; 18.2-266 or
18.2-266.1 or subsection B of &#xA7; 18.2-272 or of a similar ordinance, the
court may dismiss the warrant or summons.
			The court shall dispose of the defendant&#8217;s license in accordance with
the provisions of &#xA7; 46.2-398; however, the defendant&#8217;s license shall
not be returned during any period of suspension imposed under &#xA7; 46.2-391.2.

HISTORY: 1992, c. 830; 1994, cc. 151, 359, 363; 2004, cc. 985, 1013; 2005, cc.
757, 840, 943; 2017, c. 623.