19.2-258.1 - Trial of traffic infractions; measure of proof; failure to appear. - Virginia Statutes

§ 19.2-258.1. Trial of traffic infractions; measure of proof; failure toappear.

For any traffic infraction cases tried in a district court, the court shallhear and determine the case without the intervention of a jury. For anytraffic infraction case appealed to a circuit court, the defendant shall havethe right to trial by jury. The defendant shall be presumed innocent untilproven guilty beyond a reasonable doubt.

When a person charged with a traffic infraction fails to enter a written orcourt appearance, he shall be deemed to have waived court hearing and thecase may be heard in his absence, after which he shall be notified of thecourt's finding. He shall be advised that if he fails to comply with anyorder of the court therein, the court may order suspension of his driver'slicense as provided in § 46.2-395 but the court shall not issue a warrant forhis failure to appear pursuant to § 46.2-938.

(1977, c. 585; 1978, c. 605; 1989, c. 705; 2001, c. 414.)