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Jaywalking Laws in West Virginia

How West Virginia law treats jaywalking: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk. W. Va. Code §§ 17C-10-2, 17C-10-3, 17C-3-6, 17C-18-1

JaywalkingA pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk. A pedestrian may not suddenly step into the path of a vehicle too close to stop, and on a 'Wait' signal may not start crossing; drivers must yield to pedestrians in crosswalks where signals are not operating. Violating a Walk/Wait signal is a misdemeanor with a fine of up to $100 (up to $200 for a second within a year, up to $500 for a third); other pedestrian violations fall under the traffic code's default misdemeanor penalty (up to $100 or 10 days for a first conviction). No statewide decriminalization was found.
Signals: https://code.wvlegislature.gov/17C-3-6/ ; default penalty: https://code.wvlegislature.gov/17C-18-1/

More West Virginia criminal law

FAQ

Is jaywalking illegal in West Virginia?
A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk. A pedestrian may not suddenly step into the path of a vehicle too close to stop, and on a 'Wait' signal may not start crossing; drivers must yield to pedestrians in crosswalks where signals are not operating. Violating a Walk/Wait signal is a misdemeanor with a fine of up to $100 (up to $200 for a second within a year, up to $500 for a third); other pedestrian violations fall under the traffic code's default misdemeanor penalty (up to $100 or 10 days for a first conviction). No statewide decriminalization was found.
Can I get a court-appointed lawyer for jaywalking in West Virginia?
West Virginia's rule on court-appointed lawyers: An applicant completes the financial affidavit prescribed by Public Defender Services, which serves as the application for publicly funded representation. Eligibility is determined (by the trial court administrator's office, a designated public defender office employee, or a circuit judge) under financial eligibility guidelines set by the agency, considering factors such as income prospects, liquid assets, fixed debts, family members' age or infirmity, efforts to obtain private counsel, the cost of private counsel and bail arrangements. Representation may not be denied unless the person can obtain counsel without undue financial hardship. After an adverse judgment, the court may order repayment of appointed counsel's compensation and expenses only if the person can pay without undue hardship. W. Va. Code § 29-21-16
How much does a lawyer for jaywalking cost in West Virginia?
Lawyers set their own fees, and West Virginia has rules on how they may charge. See hiring a criminal defense lawyer in West Virginia for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for jaywalking in West Virginia?
How release before trial works in West Virginia: A person charged with an offense not punishable by life imprisonment shall be admitted to bail by the court or magistrate; for an offense punishable by life imprisonment, bail is in the discretion of the court that will try the offense. A judicial officer shall release a person charged with a misdemeanor on his or her own recognizance except for good cause shown, but this presumption does not apply to misdemeanors involving violence or threats, a minor victim, a deadly weapon, controlled substances, sexual abuse, specified DUI-related offenses, or auto tampering, petit larceny or stolen property over $250. Otherwise the person is entitled to bail on the least restrictive conditions needed to assure appearance and public safety (such as supervision, home incarceration or electronic monitoring, no-contact orders, a cash bond or a bail bond with sureties). Factors include ability to pay, the nature and number of offenses, potential penalty, violence, prior record, character, health, residence, reputation, strength of the evidence, pending release status and past bail forfeitures. Cash bail for misdemeanors may not exceed three times the maximum fine. A person held on a misdemeanor because he or she cannot meet a secured bond must get a hearing within five days of the initial bail setting. The bail amount or a denial of bail may be challenged by summary petition to a higher court. W. Va. Code §§ 62-1C-1, 62-1C-1a What happens after an arrest.
Can a conviction for jaywalking be removed from my record in West Virginia?
Each state sets its own rules for sealing or expunging records. See West 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.