Driving on A Suspended License:
A license suspension can impact insurance rates, employment, and can even result in a jail penality. At S.K. Johnson law we want to help get you back on the road safely.
Drive on suspended operator license 46.2-301
In Virginia driving on a suspended or revoked license if a CRIME. This charge is taken very seriously by the court and can result in jail time.
A third offense driving on a suspended or revoked license under Va. Code §46.2-301(C) is a misdemeanor punished with a mandatory minimum of 10 days in jail.
To convict you the prosecutor must prove §46.2-301(B):
· No resident or nonresident
· Whose driver’s license, learner’s permit, or privilege to drive has been
Suspended or revoked
Has been directed not to drive by any court or commission
Is forbidden to drive by any statute or ordinance.
· And thereafter drives a motor vehicle
· On any highway in Virginia
· Until he is reinstated
Driver’s License Suspension in Virginia
Driver’s license suspension in Virginia is a temporary withdrawal of a person’s privilege to operate a motor vehicle in Virginia. Any number of reasons that a driver’s license can be suspended including:
· Failure
to maintain proper insurance or
pay the uninsured motorist fee
· DMV point accumulation
· Failure:
to pay child support
to complete a required driver improvement clinic
to pay any jail fees
to pay a judgment from a motor vehicle crash
· Providing alcohol to a minor or intoxicated person
· A physical or mental condition that impairs a person’s ability to safely operate a motor vehicle
· Convictions for motor vehicle violations, including
DUI
Reckless Driving
Hit and Run
Eluding a Police Officer
Driving on a Suspended or Revoked License
· Convictions for non-motor vehicle violations, including underage possession of alcohol
Revocation of Driver’s License
Unlike, driver’s license suspension, revocation in Virginia is the termination of a person’s privilege to operate a motor vehicle in Virginia. A driver’s license may be revoked in Virginia for:
· Taking a driver’s license test for another, appearing for another to renew his or her license, providing false information to obtain a license.
Making bomb threats
Three (3) demerit point convictions committed while under the age of 18.
+
Other motor vehicle convictions, including
DUI or DWI
Driving while Suspended or Revoked while driving under the influence of alcohol or drugs
Voluntary or Involuntary Manslaughter while driving a motor vehicle
Hit and Run
Felony violations committed using a motor vehicle, and
Non-motor vehicle related drug convictions (possession of marijuana etc.)
Motor Vehicle
Is described as any motor vehicle, self-propelled machinery, or equipment.
Penalities for Driving on a Suspended License
First Offense and Second Offense:
A maximum of 12 months in jail
A maximum fine of $2,5000
An additional driver’s license suspension of up to 90 days (in most cases)
A Criminal record which is not eligible for expungement
Higher insurance premiums
Potential employment consequences from having a criminal record
A class one misdemeanor which may have immigration consequences for non-residences
A third or subsequent offense within a 10 year period
Everything above and
Mandatory minimum term of confinement in jail of 10 days.
However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of this section in a situation of apparent extreme emergency which requires such operation to save life or limb.
Driving Without a License
Virginia requires that all persons have a valid driver’s license. If a driver does not have a valid license he can be charged with a CRIME.
Penalty for Virginia Driving Without a License:
This is a Class 2 misdemeanor charge. The penalties associated with this charge include up to 6 months in jail, a fine of up to $1000, and a driver’s license suspension of up to 90 days. The DMV will also add 3 demerit points to the driving record.
The second or subsequent offense is a Class 1 misdemeanor. This carries with it up to 12 months in jail, a fine of $2,500, 3 DMV demerit points, additional driver’s license suspension up to 90 days. This vehicle the offender was driving at the time of the offense will be impounded for 3 days or until a valid driver’s license is obtained.
Proof of Virginia Driving without License Charge:
This charge can be committed one of two ways:
Driving without ever having been issued a valid license, or
Driving after license has expired.
In addition the Prosecutor must prove that the offender was driving on a highway as defined under Va. Cade §46.2-100.
Exemptions to this charge
Those on active duty in the military (including family)(Va. Code §46.2-306 and §46.2-305), non-Virginia residents (Va. Code §46.2-307), new Virginia residents (Va. Code §46.2-308) at least for the first 60 days, and Farm and Construction Machinery (Va. Code §46.2-303).