2006 Code of Virginia § 16.1-69.40:1 - Traffic infractions within authority of traffic violations clerk; schedule of fines; prepayment of ...

16.1-69.40:1. Traffic infractions within authority of traffic violationsclerk; schedule of fines; prepayment of local ordinances.

A. The Supreme Court shall by rule, which may from time to time be amended,supplemented or repealed, but which shall be uniform in its applicationthroughout the Commonwealth, designate the traffic infractions for which apretrial waiver of appearance, plea of guilty and fine payment may beaccepted. Such designated infractions shall include violations of 46.2-878.2 and 46.2-1242 or any parallel local ordinances. Notwithstandingany rule of the Supreme Court, a person charged with a traffic offense thatis listed as prepayable in the Uniform Fine Schedule may prepay his fines andcosts without court appearance whether or not he was involved in an accident.The prepayable fine amount for a violation of 46.2-878.2 shall be $200 plusan amount per mile-per-hour in excess of posted speed limits, as authorizedin 46.2-878.3.

Such infractions shall not include:

(a) Indictable offenses;

(b) [Repealed.]

(c) Operation of a motor vehicle while under the influence of intoxicatingliquor or a narcotic or habit-producing drug, or permitting another person,who is under the influence of intoxicating liquor or a narcotic orhabit-producing drug, to operate a motor vehicle owned by the defendant or inhis custody or control;

(d) Reckless driving;

(e) Leaving the scene of an accident;

(f) Driving while under suspension or revocation of driver's license;

(g) Driving without being licensed to drive.

(h) [Repealed.]

B. An appearance may be made in person or in writing by mail to a clerk ofcourt or in person before a magistrate, prior to any date fixed for trial incourt. Any person so appearing may enter a waiver of trial and a plea ofguilty and pay the fine and any civil penalties established for the offensecharged, with costs. He shall, prior to the plea, waiver, and payment, beinformed of his right to stand trial, that his signature to a plea of guiltywill have the same force and effect as a judgment of court, and that therecord of conviction will be sent to the Commissioner of the Department ofMotor Vehicles or the appropriate offices of the State where he received hislicense to drive.

C. The Supreme Court, upon the recommendation of the Committee on DistrictCourts, shall establish a schedule, within the limits prescribed by law, ofthe amounts of fines and any civil penalties to be imposed, designating eachinfraction specifically. The schedule, which may from time to time beamended, supplemented or repealed, shall be uniform in its applicationthroughout the Commonwealth. Such schedule shall not be construed orinterpreted so as to limit the discretion of any trial judge tryingindividual cases at the time fixed for trial. The rule of the Supreme Courtestablishing the schedule shall be prominently posted in the place where thefines are paid. Fines and costs shall be paid in accordance with theprovisions of this Code or any rules or regulations promulgated thereunder.

D. Fines imposed under local traffic infraction ordinances which do notparallel provisions of state law and fulfill the criteria set out insubsection A of this section may be prepayable in the manner set forth insubsection B if such ordinances appear in a schedule entered by order of thelocal circuit courts. The judges of each circuit may establish a schedule ofthe fines, within the limits prescribed by local ordinances, to be imposedfor prepayment of local ordinances designating each offense specifically.Upon the entry of such order it shall be forwarded within 10 days to theSupreme Court of Virginia by the clerk of the local circuit court. Theschedule, which from time to time may be amended, supplemented or repealed,shall be uniform in its application throughout the circuit. Such scheduleshall not be construed or interpreted so as to limit the discretion of anytrial judge trying individual cases at the time fixed for trial. Thisschedule shall be prominently posted in the place where fines are paid. Finesand costs shall be paid in accordance with the provisions of this Code or anyrules or regulations promulgated thereunder.

(1977, c. 585; 1978, c. 605; 1979, c. 510; 1983, c. 388; 1994, c. 912; 1998,c. 209; 2000, c. 841; 2003, c. 282; 2004, c. 350.)