{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-258.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-258.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-258.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-258.1.html"}],"law_id":62674,"edition_id":1,"section_id":62674,"structure_id":12804,"section_number":"19.2-258.1","catch_line":"Trial of traffic infractions; measure of proof; failure to appear","history":"1977, c. 585; 1978, c. 605; 1989, c. 705; 2001, c. 414; 2020, cc. 964, 965.","full_text":"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.\n\t\tWhen 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 \u00a7 46.2-938.","order_by":null,"text":{"0":{"id":228527,"text":"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.\n\t\tWhen 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 \u00a7 46.2-938.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12804,"edition_id":1,"name":"Arraignment; Pleas; Trial Without Jury","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12803,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":169061,"object_type":"structure","relational_id":12804,"identifier":"3","token":"19.2\/15\/3","url":"\/19.2\/15\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12803,"edition_id":1,"name":"Trial and Its Incidents","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168975,"object_type":"structure","relational_id":12803,"identifier":"15","token":"19.2\/15","url":"\/19.2\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79103,"structure_id":12804,"section_number":"19.2-254","catch_line":"Arraignment; pleas; when court may refuse to accept plea; rejection of plea agreement; recusal","url":"\/19.2-254\/","token":"19.2\/15\/3\/19.2-254","metadata":false},{"id":75133,"structure_id":12804,"section_number":"19.2-254.1","catch_line":"Procedure in traffic infraction cases","url":"\/19.2-254.1\/","token":"19.2\/15\/3\/19.2-254.1","metadata":false},{"id":53970,"structure_id":12804,"section_number":"19.2-254.2","catch_line":"Procedure in nontraffic offenses for which prepayment is authorized","url":"\/19.2-254.2\/","token":"19.2\/15\/3\/19.2-254.2","metadata":false},{"id":81531,"structure_id":12804,"section_number":"19.2-255","catch_line":"Defendant allowed to plead several matters of law or fact","url":"\/19.2-255\/","token":"19.2\/15\/3\/19.2-255","metadata":false},{"id":72119,"structure_id":12804,"section_number":"19.2-256","catch_line":"Approvers","url":"\/19.2-256\/","token":"19.2\/15\/3\/19.2-256","metadata":false},{"id":66074,"structure_id":12804,"section_number":"19.2-257","catch_line":"Trial without jury in felony cases","url":"\/19.2-257\/","token":"19.2\/15\/3\/19.2-257","metadata":false},{"id":67559,"structure_id":12804,"section_number":"19.2-258","catch_line":"Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury","url":"\/19.2-258\/","token":"19.2\/15\/3\/19.2-258","metadata":false},{"id":62674,"structure_id":12804,"section_number":"19.2-258.1","catch_line":"Trial of traffic infractions; measure of proof; failure to appear","url":"\/19.2-258.1\/","token":"19.2\/15\/3\/19.2-258.1","metadata":false},{"id":81110,"structure_id":12804,"section_number":"19.2-259","catch_line":"On trial for felony, accused to be present; when court may enter plea for him, and trial go on","url":"\/19.2-259\/","token":"19.2\/15\/3\/19.2-259","metadata":false}],"previous_section":{"id":67559,"structure_id":12804,"section_number":"19.2-258","catch_line":"Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury","url":"\/19.2-258\/","token":"19.2\/15\/3\/19.2-258","metadata":false},"next_section":{"id":81110,"structure_id":12804,"section_number":"19.2-259","catch_line":"On trial for felony, accused to be present; when court may enter plea for him, and trial go on","url":"\/19.2-259\/","token":"19.2\/15\/3\/19.2-259","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-258.1\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 585 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1978, chapter 605; in 1989, chapter 705; in 2001, chapter 414<\/a>; in 2020, chapters 964<\/a> and 965<\/a>.<\/p>","references":false,"refers_to":[{"id":58995,"section_number":"46.2-938","catch_line":"Issuance of warrant upon failure to comply with summons; penalties; suspension of licenses for failure to appear","order_by":null,"url":"\/46.2-938\/"}],"permalink":{"id":169091,"object_type":"law","relational_id":62674,"identifier":"19.2-258.1","token":"19.2\/15\/3\/19.2-258.1","url":"\/19.2-258.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-258.1\/","token":"19.2\/15\/3\/19.2-258.1","dublin_core":{"Title":"Trial of traffic infractions; measure of proof; failure to appear","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-258.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For any traffic infraction cases tried in a district court<\/span>, the court<\/span> shall hear and determine the case without the intervention of a jury<\/span>. For any traffic infraction case appealed to a circuit<\/span> court<\/span>, the defendant<\/span> shall have the right to trial<\/span> by jury<\/span>. The defendant<\/span> shall be presumed innocent until proven guilty beyond a reasonable doubt<\/span>.\n\t\tWhen a person charged with a traffic infraction fails to enter a written or court<\/span> appearance<\/span>, he shall be deemed to have waived court<\/span> hearing<\/span> and the case may be heard in his absence, after which he shall be notified of the court<\/span>’s finding<\/span>; however, the court<\/span> shall not issue<\/span> a warrant for his failure to appear pursuant to \u00a7 46.2-938<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRIAL OF TRAFFIC INFRACTIONS; MEASURE OF PROOF; FAILURE TO APPEAR (\u00a7\n19.2-258.1)\n\nFor any traffic infraction cases tried in a district court, the court shall hear\nand determine the case without the intervention of a jury. For any traffic\ninfraction case appealed to a circuit court, the defendant shall have the right\nto trial by jury. The defendant shall be presumed innocent until proven guilty\nbeyond a reasonable doubt.\n\t\tWhen a person charged with a traffic infraction fails to enter a written or\ncourt appearance, he shall be deemed to have waived court hearing and the case\nmay be heard in his absence, after which he shall be notified of the\ncourt’s finding; however, the court shall not issue a warrant for his\nfailure to appear pursuant to \u00a7 46.2-938.\n\nHISTORY: 1977, c. 585; 1978, c. 605; 1989, c. 705; 2001, c. 414; 2020, cc. 964,\n965.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}