No member of the Department of Motor Vehicles' Crash Investigation Team shall be required to give evidence concerning any statements made to him in the course of such investigation before any court or grand jury in any case involving a motor vehicle crash on the highways of the Commonwealth in which any member or members of such Crash Investigation Team made or took part in any investigation pursuant to a directive from the Commissioner of the Department of Motor Vehicles for purposes of research and evaluation of the Commonwealth's highway safety program.
§ 8.01-402.Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases.
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 1992 · Last verified July 16, 2026
In one sentenceThis section shields members of the Department of Motor Vehicles’ Crash Investigation Team from having to testify before any court or grand jury about statements made to them while investigating a highway motor vehicle crash under a directive from the Commissioner for highway safety research and evaluation purposes.
Full Text of § 8.01-402
Plain-English Summary
When a serious crash happens on Virginia’s highways, DMV’s Crash Investigation Team sometimes steps in — not to build a case against anyone, but to study what happened for highway safety research. Section 8.01-402 protects that research mission by keeping team members from being pulled into court or before a grand jury to testify about statements people made to them during that kind of investigation.
The protection is narrow and purpose-driven. It applies only when the investigation happened under a directive from the Commissioner of the Department of Motor Vehicles, aimed at research and evaluation of the Commonwealth’s highway safety program — not to every DMV employee who happens to look at a crash. The idea is that people will speak more candidly to safety researchers if they know those statements will not end up as courtroom testimony against them later.
The practical upshot for civil litigants: if you are chasing testimony about statements made during a Crash Investigation Team inquiry, this section stands in your way, regardless of whether you are pursuing the case in a civil court or trying to get a grand jury to hear from the investigator.
Frequently Asked Questions
Can I subpoena a Crash Investigation Team member to testify about what a driver told them during an investigation?
No, the section provides that no member of the team shall be required to give evidence concerning statements made to him in the course of such an investigation, before any court or grand jury.
Does this protection apply to every DMV crash investigation?
No, it applies to investigations made or taken part in by the Crash Investigation Team pursuant to a directive from the Commissioner of the Department of Motor Vehicles, for purposes of research and evaluation of the Commonwealth’s highway safety program.
Is this protection limited to civil cases?
No, the section states the protection applies before any court or grand jury, which spans both civil and criminal contexts.
Why does Virginia protect these statements from being used as evidence?
The protection is tied to the research and evaluation purpose of the highway safety program investigations, encouraging candid statements to investigators without fear those statements will later be used as courtroom testimony.
Does the section protect physical evidence gathered during the investigation, or only statements?
By its terms, it protects team members from being required to give evidence concerning statements made to them during the investigation.
Amendment History
Code 1950, § 8-296.1; 1974, c. 390; 1977, c. 617; 1992, c. 108.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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