2.1 Overview

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2020 Ed.)

2.1 OVERVIEW

2.101 Sources of Law. The procedures that govern the trial of serious traffic offenses are found in titles 16.1, 18.2, 19.2, and 46.2 of the Virginia Code and in the Rules of the Virginia Supreme Court. Local court rules may also apply. Interpretation of the statutes in reported case law also influences the application of this body of law. Section 19.2-254.1, which sets forth the procedure for traffic infraction cases, does not apply to serious traffic offenses.

A. Rules of the Virginia Supreme Court.

1. General District Court Rules. Rule 7C of the Rules of the Virginia Supreme Court applies to criminal and traffic cases in general district courts. The rules regulate discovery procedures and address other issues in the conduct of these cases.

2. Circuit and Juvenile Court Rules. Rule 3A of the Rules of the Virginia Supreme Court applies to criminal cases in the circuit courts and in juvenile and domestic relations district courts. Practice in the circuit courts is more formal than in the general district courts; when a traffic matter is appealed to the circuit court, counsel should pay...