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3. On the trial date in the summons, the court will determine the status of the case. One of the following should occur:

(a) The defendant has prepaid his charge and the case is completed.
(b) The defendant does not appear; the court tries the defendant in his absence based on the law enforcement officer’s testimony and evidence.
(c) The defendant appears and pleads guilty; the case is tried and concluded.
(d) The defendant appears and pleads not guilty; in the event that witnesses are essential to the prosecution’s case, the case is continued to the officer’s next available date so that the officer may subpoena such witnesses. The officer shall then submit a subpoena request form to the Traffic Court Clerk’s Office and attach a copy of the summons to such witness request.

Therefore, if you did receive a summons for a violation involving an accident and you plan to plead not guilty chances are good that the court will have to continue the case to allow the officer to subpoena essential witnesses.

If you plan on paying off a ticket involving an accident consider how that may affect a civil suit against you for the accident. In Virginia, evidence that you received a summons as a result of the accident will only be admissible in a civil suit against you for personal injury or damage if you plead guilty or prepay the fine. Therefore, if you think you are innocent, you should fight the ticket and plead not guilty on the return date.

DISCLAIMER: David A. Cardon is an attorney at the Virginia Beach office of Cardon and Goodman, P.C. who concentrates his legal practice in traffic, criminal, and personal injury law. Mr. Cardon provides the materials contained above as a public service and on an informational basis only. These materials are not intended to be a comprehensive statement of Virginia law, and are not intended to convey legal advice. If you have a legal problem, you should consult with an attorney in your area who can investigate the particular circumstances of your situation. You can contact David Cardon, Esquire at (757) 306-9060 or dcardon@cglawfirm.net.

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