On the day of trial, an Assistant Attorney General will appear on behalf of the Government of the Virgin Islands. The defendant (the individual who received the ticket) can retain an attorney to represent him or herself in court, but one is not required.
At the trial, the ticket citing the violation will be read to the defendant. The defendant is then given an opportunity to plead guilty or not guilty before the Court. If the defendant pleads guilty to the traffic violation, a trial is no longer necessary. The judge will impose a fine and court cost as required by 4 V.I. Code Ann. § 521(a), and the marshal will accompany the defendant to the Cashier's Office where the fine will be collected.
If the defendant pleads not guilty, the matter will proceed to trial. Please note that pursuant to Super. Ct. R. 154, a Judge may order that two (2) or more complaints be tried together if the offenses arose out of the same facts and circumstances, regardless of the number of defendants.
The Government will present its case first and then the defendant will be given an opportunity to present his or her case. Both parties have the right to ask questions of any witnesses (i.e. police officers) who testified in the matter. Evidence such as documentation, photographs, etc. is permissible.
The Judge may also question witnesses who appear on either party's behalf. The hearing may take only a few minutes or it may take longer. After listening to the testimony and reviewing the evidence, the judge usually makes a decision that day in Court, or he or she may take more time to consider the case. In any event, you will be notified in writing of the Court's decision.
If the defendant is found guilty, the Judge will impose a fine and court cost. Payment of all fines and court costs are due on the day of sentencing unless specified by the Judge at the hearing. Each person found delinquent in the payment of a traffic or criminal fine or delinquent in the payment of a traffic lien shall pay a delinquency fee of Seventy-five Dollars ($75.00), pursuant to 4 V.I. Code Ann. § 521(a).
Finally, the Court will forward to the Commissioner of Motor Vehicles of the state where the defendant received his license to drive, a record of the conviction, so that it would become a part of his driving record.