Legal Question in Traffic Law in Virginia

Re: speedy trial

In order to have the Virginia Speedy Trial statute apply to a defendant's traffic case, he or she must first stand trial in the general district court for the offense. If the defendant loses and an appeal is taken for a trial de novo in the circuit court, the trial in the circuit court must occur within five(5) months of the conviction date in the lower court if the defendant is in custody or within nine (9) months from the date of conviction in the lower court if not in custody----or the Commonwealth is forever barred from prosecuting the defendant on that particular charge. (See Va. Code Sec. 19.2-243.)