Virginia Code 46.2-943: Court or jury may consider defendant’s prior traffic record before sentencing
The term “traffic offense” when used in this section shall mean any moving traffic violation described or enumerated in subdivisions A 1 and 2 of § 46.2-382, whether such violation was committed within or outside the Commonwealth according to the records of the Department of Motor Vehicles.
Terms Used In Virginia Code 46.2-943
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
The term “prior traffic record” when used in this section shall mean the record of prior suspensions and revocations of a driver’s license, and the record of prior convictions of traffic offenses described in the foregoing provisions of this section.
When any person is found guilty of a traffic offense, the court or jury trying the case may consider the prior traffic record of the defendant before imposing sentence as provided by law. After the prior traffic record of the defendant has been introduced, the defendant shall be afforded an opportunity to present evidence limited to showing the nature of his prior convictions, suspensions, and revocations.
1975, c. 577, §§ 46.1-347.1, 46.1-347.2; 1984, c. 780; 1989, c. 727.