§ 19.2-258.1. Trial of traffic infractions; measure of proof; failure to appear
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. He shall be advised that if he fails to comply with any order of the court therein, the court may order suspension of his driver's license as provided in § 46.2-395 but 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.)Sections: Previous 19.2-254 19.2-254.1 19.2-254.2 19.2-255 19.2-256 19.2-257 19.2-258 19.2-258.1 19.2-259 19.2-260 19.2-261 19.2-262 19.2-262.1 19.2-263 19.2-263.1 Next
Last modified: April 16, 2009