19.2-73 - Issuance of summons instead of warrant in certain cases.
§ 19.2-73. Issuance of summons instead of warrant in certain cases.
A. In any misdemeanor case or in any class of misdemeanor cases, or in anycase involving complaints made by any state or local governmental official oremployee having responsibility for the enforcement of any statute, ordinanceor administrative regulation, the magistrate or other issuing authorityhaving jurisdiction may issue a summons instead of a warrant when there isreason to believe that the person charged will appear in the courts havingjurisdiction over the trial of the offense charged.
B. If any person under suspicion for driving while intoxicated has been takento a medical facility for treatment or evaluation of his medical condition,the officer at the medical facility may issue, on the premises of the medicalfacility, a summons for a violation of § 18.2-266, 18.2-266.1, 18.2-272 or46.2-341.24 and for refusal of tests in violation of subsection A of §18.2-268.3 or subsection A of § 46.2-341.26:3, in lieu of securing a warrantand without having to detain that person, provided that the officer hasprobable cause to place him under arrest. The issuance of such summons shallbe deemed an arrest for purposes of Article 2 (§ 18.2-266 et seq.) of Chapter7 of Title 18.2.
C. Any person on whom such summons is served shall appear on the date setforth in same, and if such person fails to appear in such court at such timeand on such date then he shall be treated in accordance with the provisionsof § 19.2-128, regardless of the disposition of, and in addition to, thecharge upon which he was originally arrested.
(Code 1950, § 19.1-146; 1972, c. 461; 1975, c. 495; 1978, c. 500; 1981, c.382; 2005, c. 425; 2010, c. 840.)