2006 Code of Virginia § 16.1-69.40:2 - Nontraffic offenses for which prepayment authorized; schedules, fines; prepayment of local ordinanc...

16.1-69.40:2. Nontraffic offenses for which prepayment authorized;schedules, 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A. The Supreme Court shall by rule, which may from time to time be amended,supplemented or repealed, but which shall be uniform in its applicationthroughout the Commonwealth, designate the nontraffic offenses for which apretrial waiver of appearance, plea of guilty and fine payment may beaccepted. Such offenses shall not include:

1. Indictable offenses;

2. Class 1 or Class 2 misdemeanors;

3. Offenses which involve moral turpitude;

4. Any offenses involving injury to persons;

5. Any offense punishable by incarceration or by a fine of more than $500.

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 plea of guiltyand pay the fine established for the offense charged, with costs. He shall,prior to the plea, waiver and payment, be informed of his right to standtrial and that his signature to a plea of guilty will have the same force andeffect as a judgment of court.

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 to be imposed upon prepayment of nontraffic offensesauthorized as prepayable under subsection A of this section, designating eachoffense specifically. The schedule, which may from time to time be amended,supplemented or repealed, shall be uniform in its application throughout theCommonwealth. Such schedule shall not be construed or interpreted so as tolimit the discretion of any trial judge trying individual cases at the timefixed for trial. The Rule of the Court establishing the schedule shall beprominently posted in the place where the fines are paid. Fines and costsshall be paid in accordance with the provisions of this Code or any rules orregulations promulgated thereunder.

D. Local ordinances fulfilling the criteria set out in subsection A of thissection may be prepayable in a like manner if such ordinances appear in aschedule entered by order of the local circuit courts. The judges of eachcircuit may establish a schedule of the fines, within the limits prescribedby local ordinances to be imposed for prepayment of local ordinancesdesignating each offense specifically. Upon the entry of such order it shallbe forwarded within ten days to the Supreme Court of Virginia by the clerk ofthe local circuit court. The schedule, which may from time to time beamended, supplemented or repealed, shall be uniform in its applicationthroughout the circuit. Such schedule shall not be construed or interpretedso as to limit the discretion of any trial judge trying individual cases atthe time fixed for trial. This schedule shall be prominently posted in theplace where the fines are paid. Fines and costs shall be paid in accordancewith the provisions of this Code or any rules or regulations promulgatedthereunder.

(1978, c. 605; 1989, c. 421.)