RULE 7. CITATION FOR TRAFFIC AND NATURAL RESOURCES OFFENSES
(a) Citation. In lieu of the procedures set forth in Rules 3
and 4 of these rules, a law enforcement officer may prepare and
serve a citation as the instrument charging a misdemeanor violation
of Chapter 17, 17A, 17B, or 17C, except as provided by West
Virginia Code §17C-19-3, 17D, or 20 of the West Virginia Code. The
citation must state the offense charged and notify the defendant of
the requirement to answer or appear in response to the charge, by
a date certain, in the magistrate court of the county where the
offense occurred.
(b) Pleas of Guilty or No Contest. The citation shall be a
sufficient document to which the defendant may plead guilty or no
contest. Before accepting a plea of guilty or no contest, the
magistrate shall inform the defendant of the charge and the
penalties the court may impose. The magistrate shall also advise
that the defendant has the right to be represented by an attorney,
that the defendant may plead not guilty to the charge and demand a
trial by jury in accordance with the time limits set forth in Rule
5(c) of these rules, and that by pleading guilty the defendant
waives all of these rights.
(1) For violations of West Virginia Code §17B-4-3 (driving
while license suspended or revoked), West Virginia Code §17C-5-1
(negligent homicide), West Virginia Code §17C-5-2 (DUI), West
Virginia Code §17C-5-3 (reckless driving) and West Virginia Code
Chapter 20 offenses involving injury to the person, a plea of guilty or no contest shall be made in person before a magistrate in
the county where the offense occurred.
(2) For all other citations such pleas of guilty or no contest
may also be made by telephone to a magistrate in the county where
the offense occurred. In such instances the magistrate, upon
advising the defendant, accepting the plea, and imposing the fine
and costs, shall direct the defendant to complete the guilty plea
form on the citation and to deliver by mail to the magistrate court
the citation and all fines and costs assessed.
(c) Plea of Not Guilty. A plea of not guilty to a traffic or
natural resources citation may be made in person before a
magistrate in the county in which the offense was charged, or by
mail to the magistrate court of such county. In such instances, a
complaint must be filed at or prior to trial which complies with
the probable cause requirements of Rule 4 and an initial appearance
conducted pursuant to the procedures set forth in Rule 5 of these
rules. Upon motion of the defendant, a continuance may be granted
if necessary to provide time to meet any new information set forth
in the complaint and if the refusal to grant such continuance would
substantially prejudice the rights of the defendant.
(d) Motion to Dismiss. A defendant may seek dismissal of a
traffic or natural resources citation prior to trial by filing, on
a form provided by the magistrate court, a motion to dismiss. Such
motion shall state with particularity the grounds upon which
dismissal is sought. Upon receipt of such motion, the magistrate court shall promptly forward a copy of such motion to the
prosecuting attorney. If upon 10 days from the date of delivery of
such motion to the prosecuting attorney no objection is made, the
magistrate may dismiss the citation. If within 10 days from the
date of delivery the prosecuting attorney objects to such motion,
the case shall proceed to hearing or trial.
(e) Failure to Appear. The magistrate court clerk on a
regular basis shall notify the prosecuting attorney of citations
for which the defendant failed to answer or appear. The magistrate
court clerk shall notify the Division of Motor Vehicles of all such
instances involving a failure to answer or appear in response to a
citation charging a violation of any provision of Chapter 17, 17A,
17B, 17C, or 17D of the West Virginia Code, and for any criminal
violation charged on or after July 9, 1993, with the exception of
parking violations and other violations for which a citation may be
issued to an unattended vehicle. Such notification shall be
provided in the same form as that provided by Rule 5.3 and Rule 22
of these Rules and shall be sent within 15 days from the scheduled
date to answer or appear unless the defendant answers or appears
within that time.
Upon motion by the prosecuting attorney, the magistrate may
issue a warrant for the arrest of a defendant who without showing
good cause has failed to answer or appear at any stage of a
proceeding in response to a citation.
[Effective July 1, 1988; amended effective August 1, 1991;
September 1, 1993; July 1, 1994.]