SECTION 46.2-945. Issuance of citation to motorist; party jurisdiction; police officer to report noncompliance with citation  


A. When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who is a resident of or holds a driver's license issued by a party jurisdiction in accordance with Article III of the Nonresident Violator Compact, provided, however, that the motorist shall have the right upon his request to post collateral or bond in a manner provided by law and, in such case, the provisions of this article shall not apply.

B. In the absence of the motorist's personal recognizance, the officer shall proceed according to the provisions of § 46.2-940 .

C. No motorist shall be entitled to receive a citation under the terms of this article, nor shall any police officer issue such citation under the same, in the event that the offense for which the citation is issued is one of the following: (i) an offense for which the issuance of a citation in lieu of a hearing or the posting of collateral or bond is prohibited by the laws of the Commonwealth or (ii) an offense the conviction of or the forfeiture of collateral for which requires the revocation of the motorist's license.

D. The report required by subsection (c) of Article III of the Nonresident Violator Compact shall clearly identify the motorist; describe the violation, specifying the section of the statute, code, or ordinance violated; indicate the location of the offense; give a description of vehicle involved; and show the registration or license number of the vehicle. Such report shall be signed by the police officer or appropriate official.

1964, c. 247, § 46.1-179.2; 1972, c. 474; 1976, c. 7; 1980, c. 366; 1981, c. 382; 1989, c. 727; 2017, c. 46.2-940 .