Dismissed Driving While Suspended Charge in Hopewell, Virginia
Today in Hopewell Traffic Court, I represented a client charged with “Driving with a Suspened license (46.2-301) in Hopewell, Virginia. “Driving uner suspension” is defined in the Code of Virginia as:
“§ 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked.
B. 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 pursuant to subsection E. A clerk’s notice of suspension of license for failure to pay fines or costs given in accordance with § 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction under this section. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.”
The severity of a Driving with a Suspended License charge varies depending on the facts of the case. If the driver was not aware that his/her license is suspended i.e. they did not receive notice, the case can typically be dismissed. A license can be suspended by not paying court costs/fines, by the order of a judge, or by a DMV action (or in some cases mistake). Some of these cases simply involve demonstrating to the judge that the error was corrected and the privilege to drive restored.
However, when it is evident that the driver knowingly drove with a revoked license, serious consequences can be involved. That is why it is important to hire an attorney to ensure that jail time and/or an extended license suspension is not given to the defendant.
In this particular case, my client’s Driving with a Suspended License charge was dismissed. I guided her through the case and directed her as to how to get her license restored to ensure that she was found not guilty.