Herndon, Loudoun car crash lawyer Doug Landau is asked, "If there is no Traffic Court Hearing, then the ticketed Defendant who hit the cyclist or runner gets off, right ?"

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Bike crash and jogger injury lawyer Doug Landau at the Herndon General District Court
Bike crash and jogger injury lawyer Doug Landau at the Herndon General District Traffic Court

Just because there is no Traffic Court Hearing does NOT mean that the Defendant who got the ticket at the scene of the bike crash gets off scott free, according to Herndon, Loudoun bicycle crash lawyer Doug Landau. The former prosecutor with the State’s Attorney’s Office adds that the fact that there was no hearing, findings or transcript from a Virginia General District Court trial does not automatically mean that the citation was dismissed. Landau points out that ticketed Defendants often pre-pay the fines or fail to show up for court. In both cases, according to Landau, a “guilty” plea is entered in the Court’s records, the Commonwealth of Virginia’s computer index and the Department of Motor Vehicles’ driver history. The Virginia Code section for procedure in Traffic Court for guilty pleas and pre-payment can be found at § 19.2-254.1. Procedure in traffic infraction cases.

  • In a traffic infraction case, as defined in § 46.2-100, involving an offense included in the uniform fine schedule established pursuant to § 16.1-69.40:1, a defendant may elect to enter a written appearance and waive court hearing, except in instances in which property damage or personal injury resulted. Arraignment is not necessary when waived by the accused or his counsel, when the accused fails to appear, or when such written appearance has been elected.
  • An accused may plead not guilty, guilty, or nolo contendere; and the court shall not refuse to accept a plea of nolo contendere. A plea of guilty may be entered in writing without court appearance.
  • When an accused tenders payment without executing a written waiver of court hearing and entry of guilty plea, such tender of payment shall itself be deemed a waiver of court hearing and entry of guilty plea.
  • In districts with traffic violations bureaus on July 1, 1977, the chief judge of the district may designate the traffic violations bureau for the receipt of a written appearance, waiver of court hearing and guilty plea.

If you, or someone you know, has been injured in a car crash accident, whether or not the person who crashed into has been charged or received a ticket, please e-mail or call us at ABRAMS LANDAU (703-796-9555) BEFORE the Traffic Court date. We have FREE information that can help you, even if we do not end up representing you.

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