46.2-388 - Uniform summons to be used for reportable motor vehicle law violations; citations.
§ 46.2-388. Uniform summons to be used for reportable motor vehicle lawviolations; citations.
A. The Attorney General, after consultation with the Committee on DistrictCourts, the Superintendent of State Police and the Commissioner, shallapprove a form for the summons to be issued in either an electronic or paperformat and all revisions to the form to be used by all law-enforcementofficers throughout the Commonwealth in cases of motor vehicle law violationsreportable to the Department under the provisions of §§ 46.2-382 and 46.2-383and for other offenses charged on a summons pursuant to § 19.2-74. Thecommencement and termination date for the use of the form and each revisedversion of the form shall be made by the Attorney General after consultationwith the Committee on District Courts, the Superintendent of State Police andthe Commissioner. The law-enforcement agency issuing the summons shalldetermine whether to use an electronic or paper format.
The form of the summons shall include multiple copies with the original to beused for court records and other copies in sufficient number to permit theuse of one copy by the courts for purposes of filing abstracts of recordswith the Department as required by § 46.2-383 and shall be a form prepared bythe Department within the meaning of § 46.2-386. The form of the summonsshall also include appropriate space for use in cases of violation of eitherstate laws or local ordinances.
B. A separate citation which has been approved in the manner prescribed insubsection A shall be used for violations of §§ 46.2-1122 through 46.2-1127and 46.2-1130. The citation shall be directed to the owner, operator or otherperson responsible for the overweight violation, and shall advise him of:
1. The nature of the violation charged against him;
2. The amount of monetary fees, penalties, and damages that may be assessedfor violations;
3. The requirement that he either pay the fees, penalties, and damages infull or deliver a notice of his intent to contest the charge to theDepartment;
4. The procedures and time limits for making the payments or contesting suchcharge, which shall include the trial date, which shall in no event beearlier than 60 days after the violation; and
5. The consequences of a failure to timely pay or contest the charge.
(1968, c. 712, § 46.1-416.1; 1977, cc. 81, 585; 1984, c. 24; 1986, c. 588;1989, c. 727; 2005, c. 589.)