§ 46.2-341.26:4

Appeal and trial; sanctions for refusal; procedures

The procedure for appeal and trial 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 (§ 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.If the court or jury finds the defendant guilty as charged in the warrant or summons referred to in § 46.2-341.26:3, the defendant shall be disqualified as provided in § 46.2-341.18. However, if the defendant pleads guilty to a violation of § 46.2-341.24, the court may dismiss the warrant or summons.The court shall notify the Commissioner of any such finding of guilt and shall forward the defendant’s license to the Commissioner as in other cases of similar nature for suspension of license unless the defendant appeals his conviction. In such case the court shall return the license to the defendant upon his appeal being perfected.


1992, c. 830.


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