What is Driving on a Suspended License in the Virginia Code?
“Except as provided in §§ 46.2-304 and 46.2-357, no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued.”Va. Code § 46.2-301 B.
What Must the Prosecutor Prove?
To prove the criminal offense of driving on a suspended license, the Commonwealth must prove:
- You must be driving a motor vehicle.
- Your license must be suspended or revoked.
- You must know that your license is suspended or revoked.
Often your best defense is a lack of notice, though each case is different.
What is the consequence if convicted?
Driving on a suspended license in Virginia is a Class 1 misdemeanor. A class 1 misdemeanor carries a punishment of up to 12 months in jail and up to a fine of $2,500. A third offense in 10 years, however, carries a mandatory minimum of 10 days in jail.
The court can also suspended your license.
Should I get an attorney?
Yes. Driving on a suspended license is a criminal offense in Virginia. A criminal record cannot be expunged in the state of Virginia, so if you are convicted of this charge it can have an impact on several different parts of your life from security clearances, CDL, immigration issues, to job applications.
Contact us today for a consultation.