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Are you required to a trial by jury for civil cases if public agencies penalize you for non-moving citation via VA§ 8.01-336

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mrmunchkins4

Active Member
If you are given a parking ticket, which in Virginia is considered a civil case, but your car is booted BY a PUBLIC body, are you entitled to a hearing by a jury of your peers according to VA 8.01-336, and furthermore, are you entitled to a hearing because of deprivation of your property (according to the constitution)?

This is hypothetical in nature, but what is your take on this?
 


Taxing Matters

Overtaxed Member
There is no U.S. Constitutional requirement for a jury trial in a parking citation case, even when your car has been booted. The state must provide you due process, but that can be met without the need for a jury trial. Nor do I see anything that suggests VA law entitles you to a jury trial for this either.
 

mrmunchkins4

Active Member
There is no U.S. Constitutional requirement for a jury trial in a parking citation case, even when your car has been booted. The state must provide you due process, but that can be met without the need for a jury trial. Nor do I see anything that suggests VA law entitles you to a jury trial for this either.
You have not read then VA 8.01-336 (a)

A. The right of trial by jury as declared in Article I, Section 11 of the Constitution of Virginia and by statutes thereof shall be preserved inviolate to the parties. Unless waived, any demand for a trial by jury in a civil case made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, with no further notice, hearing, or order, to proceed thereon

Constitution of Virginia explicitly requires jury trial for all proceeding in tribunal matters.

Declaration attached in Article I, Section 11 of the Constitution of Virginia.

Use of word "demand" and relaxed ordinance for proceeding with excerising your right to trial by jury clearly shows the intent of Virginia legislation as a right v. discretionary privilage.
 

Zigner

Senior Member, Non-Attorney
You have not read then VA 8.01-336 (a)

A. The right of trial by jury as declared in Article I, Section 11 of the Constitution of Virginia and by statutes thereof shall be preserved inviolate to the parties. Unless waived, any demand for a trial by jury in a civil case made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, with no further notice, hearing, or order, to proceed thereon

Constitution of Virginia explicitly requires jury trial for all proceeding in tribunal matters.

Declaration attached in Article I, Section 11 of the Constitution of Virginia.

Use of word "demand" and relaxed ordinance for proceeding with excerising your right to trial by jury clearly shows the intent of Virginia legislation as a right v. discretionary privilage.
Please school the lawyer on this.
(/sarcasm)
 

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