Virginian683
Regular Member
I don't know if this is the appropriate forum for this topic, if not my apologies.
I was reading an old thread on this forum just now and somebody referenced this statute, which rekindled my memory of reading it once and wondering about the "right to an immediate hearing" part. This is the paragraph I am referring to (emphasis added):
http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-936
I wonder what would actually transpire should one be pulled over for some traffic offense and instead of agreeing to sign a summons (or "ticket") to appear in say 60 days, he demanded an immediate hearing. Would he be arrested? This would not be refusing to sign a summons per se, but demanding the date of the hearing be within the next 24 hours before signing. I would guess (and could be totally wrong) that most cops in VA don't even know the text of this statute, but if they do, it seems doubtful many general district courts, given their busy dockets, would be in a position to provide an immediate hearing. Plus the officer would be required to leave his beat immediately to attend the hearing, which he may not be willing or able to to do. Not that I'm looking for ways to break the law with impunity, but on the face of it this looks like a way of getting out of any traffic tickets in Virginia. (Or else a way of getting hauled to jail by ignorant cops.)
Any opinions (lawyer and non-lawyer) appreciated.
I know this is not strictly pertinent to OC, but people on this forum seem to have a penchant for getting to the bottom of these types of matters.
I was reading an old thread on this forum just now and somebody referenced this statute, which rekindled my memory of reading it once and wondering about the "right to an immediate hearing" part. This is the paragraph I am referring to (emphasis added):
Whenever any person is detained by or in the custody of an arresting officer, including an arrest on a warrant, for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall, except as otherwise provided in § 46.2-940, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Such time shall be at least five days after such arrest unless the person arrested demands an earlier hearing. Such person shall, if he so desires, have a right to an immediate hearing, or a hearing within twenty-four hours at a convenient hour, before a court having jurisdiction under this title within the county, city, or town wherein such offense was committed. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody.
http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-936
I wonder what would actually transpire should one be pulled over for some traffic offense and instead of agreeing to sign a summons (or "ticket") to appear in say 60 days, he demanded an immediate hearing. Would he be arrested? This would not be refusing to sign a summons per se, but demanding the date of the hearing be within the next 24 hours before signing. I would guess (and could be totally wrong) that most cops in VA don't even know the text of this statute, but if they do, it seems doubtful many general district courts, given their busy dockets, would be in a position to provide an immediate hearing. Plus the officer would be required to leave his beat immediately to attend the hearing, which he may not be willing or able to to do. Not that I'm looking for ways to break the law with impunity, but on the face of it this looks like a way of getting out of any traffic tickets in Virginia. (Or else a way of getting hauled to jail by ignorant cops.)
Any opinions (lawyer and non-lawyer) appreciated.
I know this is not strictly pertinent to OC, but people on this forum seem to have a penchant for getting to the bottom of these types of matters.
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