Driving on a Suspended License

Driving A Suspended License in Virginia

If you are charged with driving on a suspended license in Virginia then you need to know what you are facing. These charges can be serious because they carry the potential for jail, fines and costs, and a license suspension. In some cases, there is mandatory jail time. In addition, for out of state drivers the judge may require your presence in court. 

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Virginia Driving on a Suspended License Law § 46.2-301

§ 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.

WHAT THE COMMONWEALTH AND PROSECUTORS MUST PROVE FOR DRIVING ON A SUSPENDED LICENSE

  1. Whether or not you were driving
  2. That your license was suspended
  3. That you knew your license was suspended
 The hardest element to prove is notice. The Commonwealth must show you knew your license was suspended. In addition, Virginia's law about license suspensions for fines and costs has come under fire in federal court. Virginia DMV has stopped suspending licenses for failing to pay the fine/costs. 

There may be an argument that prior convictions should not count if the prior conviction was for failing to pay the fine/costs. 

1st Offense Driving on a Suspended License in Virginia

A 1st offense for driving on a suspended license in VA is a class 1 criminal misdemeanor. If convicted it carries the following range of punishment: 
  • up to one year in jail
  • a fine up to $2500 
  • license suspension
Most judges will not give active jail time for a first offense driving on a suspended license in Virginia. Some judges do, but most won't. However, if the judge finds you guilty there is a mandatory license suspension. 

We have been very successful getting 1st offense driving on a suspended license charges dismissed or reduced. If the Commonwealth cannot prove notice, then the case can often get dismissed. If you admitted that you knew your license was suspended then that element is proved. 

Even in cases where there is no legal defense for driving on a suspended license, things often go better in court if you come back to court fully licensed. 

2nd Offense Driving on a Suspended License in VA

Second offense charges of driving on a suspended license are much different. Most judges will give jail time on a suspended license for a second offense unless there is a plea agreement, a legal defense, or mitigating circumstances. 

Many prosecutors will ask for ten days in jail, or more, on a second offense driving on a suspended license. Judges don't like subsequent charges because it shows a history of disobeying a court order. Some people just continue to drive, regardless of what the judge orders. Driving suspended second offense begins to show a pattern of behavior that judges do not appreciate. 

However, the Commonwealth still needs to prove the elements of the crime. And there may be mitigating circumstances that help reduce or dismiss cases of driving on a suspended license.

Driving on a Suspended License in Virginia 3rd Offense

Driving on a suspended license in Virginia 3rd offense within ten years carries mandatory jail time. The Commonwealth must prove: 
  1. you were driving 
  2. your license was suspended
  3. you knew your license was suspended
  4. your prior offenses/convictions
If the court finds you are guilty, they MUST give you a mandatory minimum of ten days in jail. And that is a minimum. I have seen judges give several months in jail for a third offense of driving on a suspended license in VA. Most judges do not give several months but some do. 

Once you reach the point where you have a 3rd offense you are showing a clear lack of respect for authority. There are still legal defenses that exist. Sometimes the Commonwealth will not be able to prove the prior convictions were valid. 

In addition, they still must prove notice. Finally, if any prior convictions were for not paying fine/costs then there is an argument those are not valid. The higher courts seem poised to rule Virginia's law on automatic license suspensions are not Constitutional. If they do, you might be able to attack the prior convictions.

The range of punishment is technically the same as a first offense, but for the mandatory minimum ten days in jail. 

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Penalty for Driving with a Suspended License in Virginia

The penalty for a first offense or second offense driving with a suspended license in Virginia is: 
  • fine up to $2500
  • jail up to one year, although for a first or second offense most judges do not give a lot of jail time
  • mandatory license suspension
For a 3rd offense within ten years of driving on a suspended license in VA is: 
  • fine up to $2500
  • jail up to one year, with a mandatory minimum sentence of 10 days
  • mandatory license supsension
Judges tend to view these cases with increasing significance. They might let you slide for one or two of these but third offenses almost always carry some jail time unless there is: 
  • legal defense
  • plea agreement with the prosecutor
  • mitigating circumstances

Driving on Suspended License Virginia Dui Related

Driving on a suspended license in Virginia (Va. Code §18.2-272) is more serious than 46.2-301. This law can be charged as a class 1 misdemeanor, or a class 6 felony which carries up to five years in jail. 
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