The Right to Appeal for a Jury Trial in a Virginia DUI Case

Under the U.S. constitution, any citizen who is charged with a crime has the right to a trial by jury. But a Virginia DUI defendant will usually face judgment in a General District Court, otherwise know as "traffic court."

In traffic court, there are no jury trials, but if a defendant finds this unsatisfactory, the Virginia law grants them the right to appeal for "trial de novo."
This means that a defendant can appeal to have their case heard by a jury in a higher court known as the Circuit Court.

When a trial de novo is granted, any sentence that was handed down by a traffic court will be completely erased. This means that if a traffic court finds you guilty of a Virginia DUI, you can wipe out this verdict, and start a new trial by jury in a Circuit Court.

The Trial Court Rules on Your Driving Status 

In most states, a DUI charge will lead to 2 separate trials: one in which a judge hands down a verdict and the penalties, and one in which the Department of Motor Vehicles determines the status of a driver's license
. In Virginia, however, the judge is the one who will determine the status of a driver's license. Your DUI attorney can explain to you how this will affect you based on the details of your specific DUI case.

In the face of this tremendously stacked deck, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI attorney Bob Battle to schedule your legal consultation today - 804-673-5600.

Bob Battle
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100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts