Jaywalking Laws in Virginia
How Virginia law treats jaywalking: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.
Short answer: Pedestrians must cross, wherever possible, only at intersections or marked crosswalks and may not carelessly or maliciously interfere with traffic, but crossing at an unmarked intersection or between intersections by the most direct route is not negligence as a matter of law. Va. Code §§ 46.2-923, 46.2-926, 46.2-113; 18.2-11
| Jaywalking | Pedestrians must cross, wherever possible, only at intersections or marked crosswalks and may not carelessly or maliciously interfere with traffic, but crossing at an unmarked intersection or between intersections by the most direct route is not negligence as a matter of law. Pedestrians may not step out between intersections from behind an obstruction where drivers cannot see them. Since 2020, police may not stop a pedestrian for these violations, and evidence from such a stop is inadmissible. Violations are traffic infractions with a fine up to $250 (the Class 4 misdemeanor amount). Penalty: https://law.lis.virginia.gov/vacode/46.2-113/ |
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FAQ
Is jaywalking illegal in Virginia?
Pedestrians must cross, wherever possible, only at intersections or marked crosswalks and may not carelessly or maliciously interfere with traffic, but crossing at an unmarked intersection or between intersections by the most direct route is not negligence as a matter of law. Pedestrians may not step out between intersections from behind an obstruction where drivers cannot see them. Since 2020, police may not stop a pedestrian for these violations, and evidence from such a stop is inadmissible. Violations are traffic infractions with a fine up to $250 (the Class 4 misdemeanor amount).
Can I get a court-appointed lawyer for jaywalking in Virginia?
Virginia's rule on court-appointed lawyers: A person charged with an offense that may be punishable by confinement in a state correctional facility or jail who claims indigency may have counsel appointed. The court determines indigency by oral examination or other competent evidence, reviewing net income, convertible assets and exceptional expenses (a spouse's finances count if living in the household, unless the spouse is the alleged victim). Recipients of a state or federal public assistance program for the indigent are presumed eligible. Counsel must be appointed if available funds are at or below 125 percent of the federal poverty income guidelines for the household size; above that, the court may appoint counsel in exceptional circumstances, stating its reasons in writing. The accused signs a sworn statement of indigence and a written financial statement. Where there is no public defender, counsel is chosen by fair rotation from a list maintained by the Virginia Indigent Defense Commission. Va. Code § 19.2-159
How much does a lawyer for jaywalking cost in Virginia?
Lawyers set their own fees, and Virginia has rules on how they may charge. See hiring a criminal defense lawyer in Virginia for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for jaywalking in Virginia?
How release before trial works in Virginia: A judicial officer decides bail and, before any bail hearing, must obtain the person's criminal history to the extent feasible. A person held in custody shall be admitted to bail unless there is probable cause to believe that the person will not appear for trial or hearing, or that the person's liberty will constitute an unreasonable danger to himself, family or household members, or the public. The judicial officer considers all relevant information, including the nature and circumstances of the offense, whether a firearm was alleged to have been used, the weight of the evidence, family ties, employment, education or treatment, length of residence and community ties, criminal convictions, court appearance history and failures to appear, likelihood of obstructing justice or threatening witnesses, jurors or victims, pregnancy or recent birth or nursing, bond status on unrelated arrests, and probation or parole status. If bail is granted to a person charged with an act of violence under § 19.2-297.1, the Commonwealth's attorney must be notified. Va. Code § 19.2-120 What happens after an arrest.
Can a conviction for jaywalking be removed from my record in Virginia?
Each state sets its own rules for sealing or expunging records. See Virginia expungement and record sealing rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.