Abstracts required by § 46.2-383 shall be made on forms prepared by or approved by the Department and the Department of State Police. They shall include all information as to the parties to the case. In the event the abstract relates to a person convicted or found not innocent of a charge described in subdivision A 1 or 2 of § 46.2-382, it shall include the nature and date of the offense, the date of conviction or finding of not innocent, the plea, the judgment, the penalty or forfeiture as the case may be, and the driver's license number if any, the month, day and year of birth, the sex and the residence address or whereabouts of the defendant and shall indicate whether the defendant appeared and was represented by or waived counsel. Every such abstract shall be certified by the general district court or juvenile and domestic relations district court judge or clerk of the general district court or juvenile and domestic relations district court or clerk of a circuit court as a true abstract of the records of the court as it relates to the charge, judgment and penalty.
Abstracts transmitted to the Department by electronic means may be certified by machine imprint of the name of the general district court or juvenile and domestic relations district court judge or the clerk's name of the general district court or juvenile and domestic relations district court or the name of the clerk of the circuit court that furnished the record as a true abstract of the records of the court as it relates to the charge, judgment, and penalty.
Code 1950, § 46-196; 1958, c. 541, § 46.1-414; 1968, c. 151; 1984, c. 780; 1986, c. 607; 1989, c. 727; 1992, c. 838.
Notes of Decisions
Nesselrodt v. Commonwealth, 452 S.E.2d 676 (Va. Ct. App. 1994).
· cites it 64× “The appellants contend that Code § 46.2-386, which sets forth the requirements for inclusion in abstracts of conviction certified by trial courts to the Department of Motor Vehicles, should be read to specify the information required to be provided under Code § 46.”
Erie Ins. Exch. v. Rapid Rentals, Inc., 46 Va. Cir. 301 (Charlottesville Cir. Ct. 1998).
· cites it 9× “Indeed, the General Assembly recently amended § 46.2-386 to provide but two exceptions to the liability of self-insurers for judgments arising out of the use or operation of any motor vehicle covered by the certificate: (1) if the user was not authorized; and (2) if the…”
Kevin Ray Mitchem v. Commonwealth of Virginia (Va. Ct. App. 2010).
· cites it 3× “-2- DMV transcripts into evidence, claiming the Commonwealth did not certify the transcript under Code § 46.2-386. 2 The trial court admitted the transcript over appellant’s objections.”
Commonwealth v. Beattie, 34 Va. Cir. 187 (Fairfax Cir. Ct. 1994).
“1994), each abstract must satisfy the requirements of § 46.2-386, including the requirement that the abstract be “certified by the general district court .”
Va. Code Ann. § 46.2-386(B): 1 case
Erie Ins. Exch. v. Rapid Rentals, Inc., 46 Va. Cir. 301 (Charlottesville Cir. Ct. 1998).
“Indeed, the General Assembly recently amended § 46.2-386 to provide but two exceptions to the liability of self-insurers for judgments arising out of the use or operation of any motor vehicle covered by the certificate: (1) if the user was not authorized; and (2) if the…”
Va. Code Ann. § 46.2-386(C): 1 case
Erie Ins. Exch. v. Rapid Rentals, Inc., 46 Va. Cir. 301 (Charlottesville Cir. Ct. 1998).
“Indeed, the General Assembly recently amended § 46.2-386 to provide but two exceptions to the liability of self-insurers for judgments arising out of the use or operation of any motor vehicle covered by the certificate: (1) if the user was not authorized; and (2) if the…”
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