SECTION 46.2-940. When arresting officer shall take person before issuing authority  


If 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 , the arresting officer shall promptly take him before a magistrate or other issuing authority having jurisdiction and proceed in accordance with the provisions of § 46.2-936 . The magistrate or other authority may issue either a summons or warrant as he shall determine proper.

Code 1950, § 46-194; 1958, c. 541, § 46.1-179; 1966, c. 639; 1972, c. 474; 1981, c. 382; 1989, c. 727; 2006, c. 46.2-936 ; 2020, cc. 46.2-936 , 46.2-936 .