In the Commonwealth of Virginia, the offense of Driving on a Suspended or Revoked License is a Class One Misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500.00. The offense is charged under §46.2-301 of the Virginia Code. Individuals convicted of the charge receive an additional suspension of their privilege to drive in Virginia, for the same time period as the original license suspension. If the time period of the previous license suspension was indefinite, the court may suspend the license for an additional ninety (90) days.
Notice of a client’s license suspension before the driving offense is an essential element of the Driving on a Suspended or Revoked License charge. Lack of notice of the suspension may be an effective defense to the charge. If the Division of Motor Vehicles or entity that suspended the license did not provide adequate notice of suspension to the driver, the charge may be dismissed or nolle prosequi.
A conviction for Driving on Suspended License stays on a Virginia driving record for eleven (11) years. The DMV assesses six points as a demerit deduction for this conviction. Convictions for this charge may impact insurance rates, employment opportunities, and applications for security clearances. It is important that a defendant charged with this criminal offense have an experienced and diligent attorney.
The Law Office of Wilfred W. Yeargan vigorously defends clients charged with traffic offenses in the General District, Circuit and Juvenile and Domestic Relations courts. Contact Attorney Yeargan today for assistance with your Driving on Suspended or Revoked License case. Depending on the facts of the case and your driving record, Attorney Yeargan may be able to negotiate dismissal of the charge or reduction to a lesser offense (such as No Valid Operator’s License). His office may be reached at 703-345-1677 for a free initial consultation.