VIRGINIA SUSPENDED LICENSE LAWYER (46.2-301)
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read below penalties of suspended license charges:
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What Are The Reasons For A Driver’s License May Be Suspended in Virginia? Answered by Virginia Suspended License Attorney.
A driver’s license suspension is a temporary suspension of a person’s ability to operate a motor vehicle legally in the Commonwealth of Virginia.
The suspension may be issued from the court as a result of a conviction of certain offenses.
It may also be an administrative suspension issued by the Department of Motor Vehicle (DMV) due to failure to pay fines and court costs; fail
ure to comply with a probationary period as provided by the DMV, failure to pay child support or other money judgment, or for failure to provide proof of valid insurance in Virginia.
Have you been charged for driving with a suspended or revoked license? Driving on a suspended license, Virginia Code Section 46.2-301, is a serious charge and it is important to be proactive in addressing this matter.
A conviction of this offense will result in inactive or suspended jail time, a mandatory driver’s license suspension, and the payment of a fine and court costs.
There are many reasons your privileges to drive in Virginia may be suspended and not all of them are commonly known.
Contact our Virginia suspended license lawyer to help you fight your criminal charges in court.
What Happens If You Are Stopped While Driving With A Suspended License in Virginia?
Driving on a suspended license in Virginia is a Class 1 misdemeanor that is punishable up to a year in jail, a fine up to $2,500, and a mandatory additional suspension of your privileges to drive.
Additionally, DMV will assign six demerit points on your records due to this conviction and the conviction will stay on your driving record for eleven years.
You have to be aware that a third conviction of Driving on Suspended License within a ten-year period carries a ten days mandatory minimum jail sentence.
So you have to work hard to avoid any conviction of driving on suspended and not to accumulate these convictions on your records.
LIST OF MISDEMEANOR PENALTIES
Misdemeanor Class | Penalties | Jail Time |
Class 1 | Up to $2,500 | Up to 1 year |
Class 2 | Up to $1,000 | Up to 6 months |
Class 3 | Up to $500 | – |
Class 4 | Up to $250 | – |
What Are The Reasons For A Driver’s License Revocation In Virginia? Answered by a Virginia Suspended License Attorney:
In contrast to a driver’s license suspension, revocation of a driver’s license is the complete termination of your privilege to operate a motor vehicle in Virginia.
The revocation may be due to a court order after convictions of certain serious traffic and criminal offenses, and it may be due to DMV administrative revocation after committing certain violations.
Reinstatement of privileges to drive is different between suspension and revocation in that it may require a court’s permission.
It is a case by case basis and your Virginia suspended license lawyer, will guide you on the procedures to reinstate your privileges to drive.
Make sure you hire an experienced Virginia suspended license lawyer to help you fight your traffic criminal case in court.
Driving on Suspended DWI related. Explained By Virginia Suspended License Lawyer
If your license was revoked due to an alcohol or drug conviction and you drive a motor vehicle, then you are facing a charge of Driving on a Revoked License, VA Code 18.2-272, which is a class one misdemeanor.
The main difference between Va. Code §18.2-272 and the non-alcohol related charge is that here you are unable to receive a restricted driver’s license.
DMV will impose an administrative revocation of your privileges to drive for an additional one year without any restrictions.
A third conviction of this offense within ten years is a class 6 felony that can be punishable to up to five years in prison.
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Courts we attend: Fairfax, Alexandria, Arlington, Prince William, Loudoun, Vienna, Herndon, City of Fairfax, Falls Church, Clarke, Culpeper, Fauquier, Frederick, Fredericksburg, Rappahannock, Spotsylvania, Stafford, Warren, Winchester, and The Federal court in Alexandria.
What Must Be Proven To Find You Guilty Of Driving On A Suspended Or A Revoked License?
The prosecutor has the burden to prove beyond a reasonable doubt that you are driving on a suspended or revoked license.
To prove that you violated Va. Code §46.2-301, the prosecutor must prove that you were driving a motor vehicle on a public highway in Virginia.
Evidence that your driver’s license was suspended/revoked at the time of your charge must be proven.
Evidence that you were aware your driver’s license was suspended/revoked.
No matter what is the reason for the suspension, you must have actual knowledge of the suspension, or you must receive a formal notice of the suspension.
Your Virginia suspended license lawyer, will do their best to defend you on this charge, but your relationship with your attorney is a partnership.
The best way you can help is to provide your attorney with all the documentation and information they request.
What Should You Expect At Your Court Date For Your Driving on a Suspended License Charge?
This offense is a Class 1 misdemeanor, so it is essential that you seek representation by an experienced Virginia suspended license lawyer, before your court date.
The Virginia suspended license lawyer will gather information about your case from you and will speak with both the prosecutor and the police officer to get details of the evidence against you.
After your Virginia suspended license lawyer, advises you on the best options on your case, you and your attorney will decide on how to proceed.
Whether you take the case to trial or accept a plea deal is ultimately your decision.
What Happens If This Is Not Your First Driving On A Suspended License In Virginia?
If this is your second offense of driving on a suspended license and if convicted, there is a real possibility that you are facing some active jail time.
As a Class 1 misdemeanor there is a maximum sentence of twelve months in jail and up to a $2,500 fine.
Additionally, you will face an additional suspension of your privileges to drive.
If this is your third offense within ten years for driving with a suspended license, you are facing a mandatory minimum ten-day sentence.
The judge will take into consideration the prior offenses as a reason for the enhancement of your jail time.
Let our Virginia suspended license lawyer help you fight your suspended license charge in court.
Is It Possible To Reinstate My Driver’s License After A License Suspension in Virginia?
It all depends on the reasons that trigger the suspension in the first place.
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Your attorney will guide you on what you need to do to get that done.
After you comply with all the requirements form DMV and pay reinstatement fees, you may be able to get your privileges to drive reinstated.
How Do You Apply For A Restricted Driver’s License in Virginia?
A restricted license allows you to drive to certain places at a specific time.
Examples of places you may drive to are: jobs, schools, medical appointments for you and your children, church, your children’s schools, and appointments required by the court as part of your probation.
It is crucial to remember that driving for social purposes is not allowed during the restriction.
Unless it is a life-threatening emergency, driving outside your restrictions may result in driving while suspended charge.
To apply for a restricted license, you will need to submit an Application for Restricted License to the judge at the court where your privileges to drive were suspended.
The judge will take into consideration the underlying charge for which your privileges to drive were revoked or suspended and your driving history before making the decision.