For any traffic infraction cases tried in a district court, the court shall hear and determine the case without the intervention of a jury. For any traffic infraction case appealed to a circuit court, the defendant shall have the right to trial by jury. The defendant shall be presumed innocent until proven guilty beyond a reasonable doubt.
When a person charged with a traffic infraction fails to enter a written or court appearance, he shall be deemed to have waived court hearing and the case may be heard in his absence, after which he shall be notified of the court's finding; however, the court shall not issue a warrant for his failure to appear pursuant to § 46.2-938.
1977, c. 585; 1978, c. 605; 1989, c. 705; 2001, c. 414; 2020, cc. 964, 965.
Notes of Decisions
Wright v. Commonwealth, 667 S.E.2d 787 (Va. Ct. App. 2008).
· cites it 2× “"); § 19.2-258.1 ("For any traffic infraction cases tried in a district court.”
Wright v. Commonwealth, 357 S.E.2d 547 (Va. Ct. App. 1987).
· cites it 2× “1-1(40); and, thus, they are not covered by the express provision of Code § 19.2-258.1 that “[f]or any traffic infraction case appealed to a circuit court, the defendant shall have the right to a trial by jury.”
Wright v. Commonwealth, 659 S.E.2d 583 (Va. Ct. App. 2008).
“”); § 19.2-258.1 (“For any traffic infraction cases tried in a district court.”
Dulles Toll Road v. Diggs, 90 Va. Cir. 377 (Fairfax Cir. Ct. 2015).
· cites it 3× “See Va. Code § 19.2-258.1 (“For any traffic infraction cases tried in a district court, the court shall hear and determine the case without the intervention of a jury.”
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