Virginia statute

Va. Code Ann. § 19.2-258.1 — Trial of traffic infractions; measure of proof; failure to appear

Current through 2026 Regular Session

Part of Article 3: Arraignment; Pleas; Trial without Jury, Code of Virginia.

Full text of Va. Code Ann. § 19.2-258.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 19.2-258.1Primary source, current through the 2026 Regular Session

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 .

Official sources

Official section text (law.lis.virginia.gov)

Legal terms used in this section

This reference is informational and is not legal advice.