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read below why driving with a suspended license is criminal in Virginia
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Driving Without a License
In Virginia, §46.2-300 makes it a class 2 misdemeanor to drive without a license.
After being convicted under §46.2-300, your driving privileges will be suspended for up to 90 days.
Under the same section of the law, it is a class 1 misdemeanor to repeat the offense and continue to drive without a license.
§46.2-301 makes it a class 1 misdemeanor to operate a motor vehicle while your license is suspended or while your privilege to drive is revoked by the court. §46.2-301 also allows the commonwealth to impound your vehicle for driving while your privilege to drive has been revoked.
If you are driving a car that is not your own when stopped, such as your brother’s car or a friend’s car, the commonwealth cannot impound it.
Any impoundment fees and costs will have to be paid by the offender.
In Virginia, driving is a privilege rather than a right. As a result, the commonwealth can revoke your ability to drive far more easily than it can take away rights such as voting.
Some of the more common ways to have a driver’s license revoked include too many points against your license from traffic violations, failure to pay court fees, and repeat DUI/DWI offenses.
If your license has been suspended, contact a skilled Virginia License Suspension Attorney at American Lawyers Group.
Restricted Licenses
Under some circumstances in which you and your attorney show good cause, the courts can be petitioned for restricted licenses.
Restricted licenses can be used while your normal license and full driving privileges are still suspended.
Restricted licenses can be issued with breath testing ignition devices that prevent you from driving with alcohol in your system.
Additionally, restricted licenses only allow you to drive to and from specific places.
These places include alcoholism rehab, your job, school, healthcare centers, and a few more essential spots.
When driving with a restricted license, normal regulations are stricter. Normally, a BAC of .08% is enough to get an easy conviction.
However, with a restricted license, you may not drive with a BAC of .02% or more.
Driving with a restricted license in violation of the restrictions is a class 1 misdemeanor.
These restrictions, while better than no license at all, can still be a major burden on your day-to-day life.
Defense Strategies
Because there are many ways to have your license suspended, there are many defenses that can be used to help protect your license. Under Virginia Law §18.2-270, repeat DUI/DWI charges in specific time spans can cost you your license. Luckily there are many defenses against DUI/DWI charges.
A skilled Virginia Attorney from American Lawyers Group can bring into question the sobriety field tests, breathalyzers, the probable cause used to stop your car, and more aspects of the charge to help protect your license
Sometimes, courts suspend licenses because of unpaid fines.
An Attorney from American Lawyers can negotiate with the court to set up payment schedules and other ways to pay the fines.
Once these fines are paid or once a deal to pay them has been reached, the court will likely remove the suspension on your license.
Prosecutors can push forward fairly weak arguments and cases that cannot stand up to scrutiny.
They often hope that you will enter the courtroom without a skilled Virginia License Suspension Attorney from the American Lawyers Group. In these cases, a good lawyer can point to the lack of evidence, weak arguments, and cut corners made by the prosecution that would earn a conviction were there not a defense attorney present.
For the most serious offenses that result in license suspension, a petition to restore your license will have to be both submitted to the proper court and litigated before that court.
You do not want to submit petitions, create proper legal arguments, keep track of schedules for court dates, and manage your case alone.
The attorneys at American Lawyers Group can take care of all of the procedural issues and argue the substance of your case.
Why You Should Hire a Virginia License Suspension Attorney
While driving is not a right, it is absolutely essential in our modern world. From errands to employment, having the ability to drive is a prerequisite ability in Northern Virginia.
Having your license suspended can hinder job opportunities, your social life, and almost any day-to-day activity you perform.
If you are facing a license suspension, get a skilled Virginia License Suspension Attorney at American Lawyers Group to build the best possible case for you.
Experienced Low-Cost Virginia License Suspension Attorney
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