                                 CODE OF VIRGINIA

LAW-ENFORCEMENT OFFICERS ARRESTING DRIVERS FOR CERTAIN OFFENSES TO REQUEST
ABSTRACTS OR TRANSCRIPTS OF DRIVERS&#8217; CONVICTION RECORDS (§ 46.2-384)

Every law-enforcement officer who has arrested any person for (i) driving while
under the influence of intoxicants or drugs in violation of § 18.2-51.4 or §
18.2-266 or a parallel local ordinance, or § 46.2-341.24, (ii) reckless driving
in violation of §§ 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 §§ 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 § 18.2-51.4
or § 18.2-272, or §§ 46.2-300 through 46.2-302 or a parallel local ordinance
or while he is disqualified in violation of § 46.2-341.21 of the Commercial
Vehicle Driver&#8217;s License Act (§ 46.2-341.1 et seq.), shall request from
the Department an abstract or transcript of the person&#8217;s driver&#8217;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 § 46.2-215, of (1) the abstract of the relevant prior
conviction, certified as provided in § 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.

HISTORY: 1968, c. 335, § 46.1-413.1; 1976, c. 148; 1984, c. 780; 1988, c. 413;
1989, cc. 705, 727; 1992, c. 838; 1997, c. 691.