CODE OF VIRGINIA

SUMMONS ISSUED INSTEAD OF BEING TAKEN INTO CUSTODY; FAILURE TO APPEAR (§
28.2-901)

A. Whenever any person is detained by or is in the custody of an arresting
officer for any violation of the laws enforceable pursuant to § 28.2-900, the
arresting officer shall take the name and address of each person detained and
issue a summons or otherwise notify him in writing to appear at a time and court
to be specified in the summons or notice.  When the person gives his written
promise to appear at the designated time and place, the officer shall
immediately release him from custody.

B. If the arresting officer (i) believes a detained person is likely to
disregard a summons issued under the provisions of this section or (ii)
reasonably believes a detained person is likely to harm himself or another, or
if the person refuses to give his written promise to appear, the officer may
take the offender, vessel and property into custody.  The person shall be
brought before the nearest or most accessible judicial officer or other person
qualified to admit bail having jurisdiction.

C. The failure of any person to appear as required by a summons issued under the
provisions of this section shall suspend all licenses issued to the person
pursuant to this subtitle until such time as he appears to answer the charges
against him. Failure to appear shall bar the issuance of any further license to
the person until he appears.

HISTORY: 1983, c. 591, § 28.1-185.2; 1992, c. 836.