Virginia Code
Va. Code Ann. § 19.2-80.1 (2026)
When arrested person operating motor vehicle; how vehicle removed from scene of arrest
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In any case in which a police officer arrests the operator of a motor vehicle and there is no legal cause for the retention of the motor vehicle by the officer, the officer shall allow the person arrested to designate another person who is present at the scene of the arrest and a licensed driver to drive the motor vehicle from the scene to a place designated by the person arrested. If such a designation is not made, the officer may cause the vehicle to be taken to the nearest appropriate place for safekeeping.
1981, c. 306.
Notes of Decisions
Cited in 3
cases, 1988–2000 · leading case: Servis v. Commonwealth, 371 S.E.2d 156 (Va. Ct. App. 1988).
Servis v. Commonwealth, 371 S.E.2d 156 (Va. Ct. App. 1988). “Code § 19.2-80.1. Furthermore, no evidence on this record supports the view that Servis' automobile was impounded in accordance with established policies of the Hanover Sheriff's Department.”
Butler v. Commonwealth, 525 S.E.2d 58 (Va. Ct. App. 2000). “In drawing this conclusion, we note that the provisions of Code § 19.2-80.1 are inapplicable to this case because no other licensed driver was present at the scene who could have been designated by Butler to drive the vehicle from the garage.”
Commonwealth v. Harris, 24 Va. Cir. 152 (Alexandria Cir. Ct. 1991). “See, § 19.2-80.1. The discovery of the shoes of the defendant possibly matching a shoe print on the door of the burglary scene did not occur during a period of unlawful detention.”
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