79651546.2-940Virginia Decodedhttps://vacode.org2016Motor VehiclesOperationRegulation Of TrafficLegal Procedures And RequirementsWhen arresting officer shall take person before issuing authorityCode 1950, § 46-194; 1958, c. 541, § 46.1-179; 1966, c. 639; 1972, c. 474; 1981, c. 382; 1989, c. 727; 2006, c. 276.White v. Com.030476591 S.E.2d 6622004-01-16https://www.courtlistener.com/opinion/1059134/white-v-com/ . . . these circumstances, see Code §§ 46.2-936 and 46.2-940, it is clear that Rushak was still . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/46.2-940/19.2-82Procedure upon arrest without warrant/19.2-82/46.2-936Arrest for misdemeanor; release on summons and promise to appear; right to demand hearing immediately or within twenty-four hours; issuance of warrant on request of officer for violations of §§ 46.2-301 and 46.2-302; refusal to promise to appear; violations/46.2-936/46.2-945Issuance of citation to motorist; party jurisdiction; police officer to report noncompliance with citation/46.2-945//46.2-940/46.2/III/8/17/46.2-94033.2-172646.2-93646.2-945If any person is: (i) believed by the arresting officer to have committed a felony; (ii) believed by the arresting officer to be likely to disregard a summons issued under § 46.2-936; or (iii) refuses to give a written promise to appear under the provisions of § 46.2-936 or § 46.2-945, the arresting officer shall promptly take him before a magistrate or other issuing authority having jurisdiction and proceed in accordance with the provisions of § 19.2-82. The magistrate or other authority may issue either a summons or warrant as he shall determine proper.section1