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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-268.4 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-268.4. Appeal and trial; sanctions for refusal.
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 issued pursuant to § 18.2-268.3, the court shall suspend the
defendant's privilege to drive for a period of six months for a first
offense and for one year for a second or subsequent offense of refusal
within one year of the first or other such refusal. The time shall be
computed from the date of the first offense to the date of the second or
subsequent offense. However, if the defendant pleads guilty to a
violation of § 18.2-266 or of a similar ordinance, the court may dismiss the
warrant or summons.
The court shall forward the defendant's license to the Commissioner of the Department of Motor Vehicles of Virginia as in other cases of similar nature for suspension of license. However, if the defendant appeals his conviction, the court shall return the license to him upon his appeal being perfected.