Virginia Driver’s License Offenses
Driving Without a License in Virginia, Va. Code § 46.2-300
According to Virginia Code § 46.2-300, it is against the law for any person in Virginia to drive any motor vehicle on any highway in the Commonwealth until such person has applied for a driver’s license, passed the examination, and obtained a valid driver’s license.
• Driving without a license in Virginia is a class 2 misdemeanor. A class 2 misdemeanor holds a punishment of up to $1,000 in fines, up to 6 months of loss of license, and up to 6 months in jail.
• A second or subsequent violation of this section is a class 1 misdemeanor. A class 1 misdemeanor holds a punishment of up to $2,500 in fines, up to 12 months of loss of license, and up to twelve months in jail.
Driving on a Suspended License, Va. Code § 46.2-301(b)
According to Virginia Code § 46.2-304 and § 46.2-357, it is against the law for any person to drive whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked.
Penalties for driving on a suspended license include:
• It is a class 1 misdemeanor, which holds a punishment of jail up to twelve months and a fine of up to $2,500.
• A conviction under this statute can also result in license suspension for the period for which it was originally suspended.
• If, however, this is your third conviction over a period of 10 years then there is a mandatory minimum jail time of 10 days.
One of the biggest defenses to driving on a suspended license is lack of knowledge that it was suspended. The Commonwealth has to prove that you knowingly were driving on a suspended license. They have to prove that you had notice of your license suspension.
An attorney will explore this defense along with other possibilities and may be able to negotiate a lesser charge or even get your charge dismissed. If you have been charged with driving without or on a suspended license, consult with an attorney to discuss your options.