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Driving Without a License in Fairfax County

Fairfax County Courthouse, Driving Without License Lawyer

Virginia law requires all drivers on the highways and roads of the state to have a valid drivers license.  It is understandable that unlicensed drivers are drawn to the convenience of having an automobile as a means of transportation. Additionally, daily obligations such as work, doctor's appointments or family gatherings may serve as further motivation to get behind the wheel. However, the penalties for getting caught driving without a license far outweigh the short term convenience of using the vehicle.

Description of the Law

If you are caught driving without a license in Virginia, the state can impose harsh fines or even jail time. Virginia Code section §46.2-300 states that it is illegal to operate a motor vehicle on any road or highway within the Commonwealth unless the vehicle operator has applied for a license, passed all relevant examinations, and has been issued a driver's license. Additionally, the license must be valid. Many drivers convicted of driving without a license aren't even aware they are committing a crime until they are pulled over for an unrelated offense, such as failing to signal a turn, Speeding, or not wearing their seat belt.

Penalties for Driving Without a License in Virginia

Virginia maintains harsher penalties for operating a motor vehicle without a license than many other states. In Virginia, driving without a license is a serious criminal offense, and is classified as a Class 2 Misdemeanor for a first offense. A Class 2 Misdemeanor conviction carries with it harsh penalties, such as a suspension of a person's license up to 90 days (in cases where the license is invalid), jail time of up to six months, and/or a fine of up to $1,000.

Repeat offenses for the charge carry more severe penalties. A second or subsequent conviction of driving without a license is a Class 1 misdemeanor, which is punishable by up to 12 months in jail, a fine of up to $2,500.00, and/or suspension for up to ninety days.

Exceptions Under the Statute

In some cases, there are exceptions to the requirement that all drivers must maintain a Virginia driver's license in order to operate a motor vehicle on the roadways of the Commonwealth. Some of these exceptions are listed below:

  • When operating a military vehicle as a member of the armed forces, or as a spouse or dependent child of the service member.  The individual must have a valid license in another "home state or country." Virginia Code §46.2-306
  • When operating a vehicle classified as farm equipment, or “for farm use only”. Virginia Code §46.2-303
  • New residents of Virginia who have yet to receive a valid Virginia driver's license and have a valid license from another state (60 day grace period). Virginia Code §46.2-308
  • Residents of other states passing through the Commonwealth, who have an existing license in their state. Virginia Code §46.2-307

Benefits of an Experienced Traffic Defense Lawyer

If you or someone you know has been charged with operating a motor vehicle without a license in the Commonwealth of Virginia, consider hiring a good lawyer to appear in court for the case.  It is advisable to have counsel review the facts of your case and prepare a strategy for defending it in court.

An experienced attorney may be able to get the charges dismissed or reduced to a non-criminal offense. Many jurisdictions in the state nolle prosequi (dismiss) this type of charge for compliance if the accused gets his or her driver's license issued before court. It is advisable to get a certified copy of the driving record from the DMV before court showing that the license is valid. 

Getting the license issued and the charge dismissed helps clients avoid a permanent criminal conviction on their personal record for employment, security clearances, and immigration purposes. If you need help getting a continuance of your court date for a reasonable period to get the license re-instated, call the law office.  Attorney Yeargan can arrange for the date to be postponed by filing proper paperwork with the clerk of court.

Fairfax County Lawyer Case Results Page

Free Initial Attorney Consultation

If you are facing an upcoming case for No Valid Operator's License in Fairfax County, Prince William County, Arlington County, the City of Alexandria, Loudoun County, or any other location in Virginia, turn to the Law Office of Wilfred W. Yeargan for help.  Attorney Yeargan has a history of vigorously defending clients charged with traffic offenses in the General District, Juvenile and Domestic Relations, and Circuit Courts. He has effectively represented clients countless times, getting charges dismissed or reduced. He works hard to deliver the best outcomes for his clients.  His office charges reasonable, flat fee rates.  If you are looking for an experienced traffic defense lawyer that gets results, contact the office today by phone or online for a free initial consultation.

Areas Served by the Law Firm

The law office serves clients throughout Virginia including those in the following localities: Fairfax; Fairfax County including Annandale, Burke, Centreville, Herndon, and Vienna; the City of Alexandria; Arlington County including Arlington; the City of Falls Church; Fauquier County including Warrenton; Frederick County including Winchester; the City of Fredericksburg; Loudoun County including Ashburn and Leesburg; Clarke County, including Berryville; Prince William County including Woodbridge, Dumfries, Haymarket, and Manassas; Spotsylvania County including Lake Wilderness and Spotsylvania Courthouse; Stafford County including Stafford; Warren County including Front Royal; Caroline County, including Bowling Green; Hanover County; King and Queen County; New Kent County; Chesterfield County; Henrico County; Westmoreland County, including Montross; and King George County.

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