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  1. #1
    Join Date
    Dec 2007
    Posts
    3

    Default Appeal Of District Court Traffic Case In Circuit Court In Virginia

    I have appealed a Traffic infraction conviction (in District Court) of failure to stop in the Virginia Circuit Court. Can someone please help me in explaining the steps and procedures expected prior to and in trial?

    Thanks.

  2. #2

    Default Re: Appeal Of District Court Traffic Case In Circuit Court In Virginia

    I would suggest a trip to your local law library.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Appeal Of District Court Traffic Case In Circuit Court In Virginia

    Check with the Circuit Court to see if it has the court rules for appeals from District Court available online, or if you can otherwise obtain a copy from the court. As lwpat indicates, they should be available at the county law library, or any other local law library.

  4. #4

    Default Re: Appeal Of District Court Traffic Case In Circuit Court In Virginia

    As I understand it, the trial in circuit court will be a "trial de novo." This means an entirely new trial. Probably the only real way to become familar with court procedure is to sit in on some other trials. The clerk can give you a schedule.

    You will need to prepare a list of questions for the officer and a similar list for any witnesses for your side. If you are going to present drawings or photographs, learn the proper method of entering them into evidence. You also need to research your particular violation in the traffic code and see if there are any cases on point.

  5. #5
    Join Date
    Dec 2007
    Posts
    3

    Default Re: Appeal Of District Court Traffic Case In Circuit Court In Virginia

    Thank You, lwpat and other Members for your feedback and advice.

    I am already using the Online Law Library, but I like the advice from Iwpat. I will try that. To add to my above question, the officer's recollection was inaccurate at the District court and I am considering a discvery. The tricky part is in a discovery considering a 'minor' infraction that does not involve an accident, chances are the officer may not have a report and provide a sworn affidavit that could include details that is incrrectly recolected by the officer. Now, that may work conversely to the intent.
    However, my intent is also to seek the onboard video if that was available that shoule be very helpful to me. Any expereinces or suggestions, if that is accessible and avaialble or any feedback that I should be careful or consderate of?

    Thanks again , everybody for sharing your valuable experience.

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