In Virginia, people charged with a traffic infraction can often respond in writing instead of appearing in court, or they can choose to plead not guilty and ask for a hearing. Some low-level traffic offenses are on a uniform fine schedule that allows pretrial waivers, written guilty pleas, or prepayment of fines. For cases tried in district court, trials are held without a jury, but a defendant who appeals to circuit court may have a jury trial.
Whether you can use a written plea, prepay a fine, or must appear in court depends on how the offense is classified under the uniform fine schedule and related court rules. If a person does not file a written or court appearance, the court may treat that as a waiver of a hearing and decide the case in their absence, then notify the person of the court's finding.
Current Virginia law
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What Virginia law says
The law allows written appearances, waivers of court hearing, and written pleas for traffic infractions under Va. Code § 19.2-254.1. The Supreme Court sets which infractions may be pretrial-waived or prepayable under Va. Code § 16.1-69.40:1. District courts hear traffic infractions without a jury, and a defendant appealing to circuit court has the right to a jury trial, per Va. Code § 19.2-258.1. The statutes also treat certain photo-enforced speed and signal violations as civil penalties and describe operator liability and limits in those contexts, for example in Va. Code § 46.2-882.1 and Va. Code § 15.2-968.1, where applicable.
What to do
A common first step is to read the ticket for instructions and any court contact information or hearing date.
A common option is to submit a written appearance or written plea (guilty, not guilty, or nolo contendere) as allowed under Va. Code § 19.2-254.1.
A common next step is to check whether the offense is listed as prepayable under the Supreme Court’s schedule per Va. Code § 16.1-69.40:1 and consider prepaying if eligible.
A common option is to request a hearing in district court; district court trials on traffic infractions are without a jury, per Va. Code § 19.2-258.1.
A common step for those unhappy with a district court decision is to appeal to circuit court, where a jury trial right exists under Va. Code § 19.2-258.1.
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Common questions
Can I plead in writing instead of going to court?
Yes, statutes allow a written appearance and written plea for many traffic infractions; see Va. Code § 19.2-254.1 and the Supreme Court’s pretrial schedule in Va. Code § 16.1-69.40:1.
Will I get a jury if I go to trial?
Not in district court: traffic infraction trials in district court are without a jury. If you appeal to circuit court, you have the right to a jury trial under Va. Code § 19.2-258.1.
What happens if I do nothing and do not appear?
If a person charged with a traffic infraction does not enter a written or court appearance, the court may deem the hearing waived and hear the case in the person’s absence and then notify them of the court’s finding, under Va. Code § 19.2-258.1.
Are photo-ticketed speed or signal violations treated differently?
Certain photo-enforced violations and civil penalties are addressed in statutes that set operator liability and penalty limits, such as Va. Code § 46.2-882.1 and Va. Code § 15.2-968.1.
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This page provides legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
