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1984 Ordinances
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1984 Ordinances
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Last modified
2/6/2009 3:42:35 PM
Creation date
6/21/2001 4:58:30 PM
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Ord/Resolutions
Year
1984
Ord/Resolutions - Type
Ordinances
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property. Nothing in this section shall he construed to release <br />the operato~ o~ any s~uck veh'~cla from civil liability for <br />failure to use reasonable care in suck operation. <br /> <br />Section <br /> <br />23-21. <br /> <br />Arrest for misdemeanor, release on summons <br />and promise to appear; right to demand hearing <br />immediately or within 24 hours; issuance of <br />warrant on request of officer for violations. <br /> <br /> (a) Whenever any person is detained by or in the custody <br />of an arresting officer, including an arrest on a warrant, <br />for a violation of any provision of this Chapter punishable <br />as a misdemeanor the arresting officer shall, except as other- <br />wide provided herein, take the name and address of such person <br />and the license number of his motor vehicle and issue, a stumnons <br />or otherwise notify him in writing to appear at a time and <br />place to be specified in such summons or notice, such time to <br />be at least five f5) days after such arrest unless the person <br />arrested shall demand an earlier hearing and such person shall, <br />if he so desires, have a right to an immediate hearing or a <br />hearing within twenty-four hours at a convenient hour, and <br />before a court having jurisdiction under this Chapter within <br />this City. Upon the giving of such person of his written <br />notice to appear at such time and place, the officer shall <br />forthwith release him from custody. <br /> <br /> (b) Notwithstanding paragraph (a), if prior general <br />approval has been granted by order of the general district <br />court for the use of this section in'cases involving v~o!ations <br />of ~23-88 and 23-89, the arresting officer may .take the <br />person before the appropriate judicial officer of theCity <br />and make oath as to the Offense and request issuance of a <br />warrant. If a warrant is issued the magistrate shall proceed <br />in accordance with the provisions of ~t9.2-123 of the Code of <br />Virginia, 1950, as amended. <br /> <br /> (c) Any person refusing to give such written promise. <br />to appear under the provisions of this section shall be taken <br />immediately by the arresting officer before a magistrate or <br />other issuing officer having jurisdiction who shall proceed <br />according to the provisions of ~46.1-179 of the Code of Virginia, <br />1950, as amended. <br /> <br /> Cd) Any person who witfully violates his written promise <br />to appear, given in accordance with this section, shall be <br />treated in accordance w~tk the provisions of ~23-21.1. <br /> <br /> CD) Any off±ce~ violating any of the provisions .of this <br />section shall be guilty Of' mfsconduct in office and subject <br />to removal therefrom upon complaint.filed by any. person in <br /> <br />3 <br /> <br /> <br />
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