Driving on a suspended license in Virginia is a serious offense. With a suspended license, your driving privileges are restricted regardless of whether you are a resident or non-resident. Sometimes, this license suspension serves as an enhancement for Virginia driving violations like vehicular manslaughter and drunk driving. Driving on a suspended license is outlined under Virginia Code 46.2-301, and violating this statute can result in jail terms and fines. You should seek the services of a reputable attorney if you face charges for driving on a suspended license. At the Virginia Criminal Attorney, we have committed attorneys who can help you navigate your charges to have them reduced or dropped.
License Suspension Explained
According to Virginia Code 46.2-301, a license suspension is the temporary removal of the valid license and driving privilege from a motorist. A license suspension can remain until you meet all the license reinstatement requirements and fees.
Elements Of Driving On A Suspended License - Virginia Code 46.2-301
The commonwealth judges in Virginia are responsible for prosecuting driving on suspended license offenses in Virginia. There is a General District Court in every county where the hearings occur. The commonwealth judges or assistant commonwealth judges will preside over these charges. Any appeal taken must go through the Circuit Court.
The prosecutor must provide sufficient evidence to prove that you operated a vehicle despite your license being on suspension. A prosecutor must also provide enough evidence that the judge had directed you not to operate a car. You will face a driving with a suspended license charge if you operate the vehicle before your license is reinstated. A potential mitigating factor for your disciplinary action can be if you had to operate a car because of an emergency. You can be convicted of driving on a suspended license, but the emergency can mitigate your punishment.
Causes Of License Suspension
The common reasons for the suspension of driver’s license in Virginia include:
Accumulating Excessive Points Within 12 And 24-Month Periods
The DMV will suspend your driver’s license if you accumulate 12 or more points within 12 months or 18 or more points within 24 months. You must attend a driver improvement clinic within 90 days under Virginia Code 46.2-498. You could also serve probation for a period that does not exceed six months under Virginia Code 46.2-499. After completing probation, you will be on a driver control period that does not exceed 18 months.
You can serve probation again for a period that does not exceed six months if you are convicted of a violation for which you receive points under Virginia Code 46.2-500.
You will fall within the ‘’Rapid Point Violator’’ section of the law if you accumulate 18 points within 12 months or 24 points in 24 months. In this case, you must do the following:
- Adhere to the DMV-approved clinic completion orders within 90 days under Virginia Code 46.2-506
- Pay the driver improvement clinic fee
- Complete a DMV driver improvement clinic
Failure To Complete DMV’s Intervention Interview
If you receive two driving on suspended license convictions under Virginia Code 46.2-301, the DMV requires that you complete an intervention interview at a VASAP location. You should do this within 60 days of the notice.
Having DUI or DWI Charges
Driving under the influence is always a misdemeanor offense in Virginia. The DMV can suspend your license immediately in addition to the punishment you will face upon a DUI conviction. The period for which your license will be suspended depends on the number of DUI convictions you have. If it is your first DUI offense, the DMV will likely suspend your driver’s license for a shorter period. A second DUI offense can attract a license suspension not exceeding three years. Conversely, the DMV can impound your car and revoke your license if you commit a third DUI offense.
You can be guilty of violating the driving on a suspended license law if you operate your car when your license is suspended. However, the law allows you to petition the circuit court for reinstatement after suspending your driving privileges. You can do this after five years to ensure you meet the requirement to enroll for DUI classes and participate in community service.
You can secure a restricted license in certain DUI cases, but this requires additional court orders or conditions. In this case, you can operate your car under certain circumstances. Some of the circumstances under which you can be allowed to drive include:
- When attending court hearings
- When going for DUI classes
- When going to work
It will be an offense for you to violate any of the conditions.
Failure To Pay Fines
You will have 30 days to pay your court costs if you have been convicted of any traffic offense. This implied consent under Virginia law requires every motorist to pay all lawful court costs or fines. The court clerk will notify the Department of Motor Vehicle if you fail to pay the fines or court costs. The notice will contain the following information:
- The offense you were convicted for
- The amount of penalties the judge ordered you to pay
- Whether you have paid or not
Your license can be suspended immediately if the DMV establishes that you have not paid the applicable fines. Typically, the notice that the court issues is a request from the court to the DMV to suspend your driving privileges. If you have paid the amount but face allegations of not paying the fine, the law allows you to file an appeal, requesting a hearing in court.
Allowing or Driving Uninsured Vehicle
The DMV can suspend your driving privileges if:
- You have not secured insurance for the vehicle you own or permit the driving of the car by another person without paying the uninsured vehicle fee
- You fail to surrender immediately the license plates of the uninsured car and the car is licensed in Virginia or subject to registration under Virginia Code 46.2-707
- You falsely verify that your car has been insured or provide false proof that the vehicle you are trying to register is insured.
- You drive an uninsured car without being the title owner and know the uninsured car fee has not been paid.
The DMV will not lift the suspension until you pay the fee for the uninsured car and present evidence of future financial responsibility. If your license was suspended because of falsely verifying that the vehicle is insured, the DMV will not reinstate the license until after 180 days. This period starts from the day the suspension was imposed.
The DMV can relieve you of having to present evidence of future financial responsibility after three years since the day your license was suspended.
License Suspension For Minors For Excessive Convictions
Minors must complete a DMV-approved driver improvement class after receiving their first demerit points under Virginia Code 46.2-334.01. You must complete your class within 90 days, or the DMV will suspend your license until you complete the class. The DMV can suspend your license for 90 days under Virginia Code 46.2-334.01 if you receive a 2nd demerit point or safety belt violation when you are below 18 years old. Additionally, the DMV can suspend your driver’s license for one year or until you reach 18 years under this law if you receive a 3rd conviction for a demerit point or safety belt violation even upon attaining 18 years.
What To Expect After Facing Charges For Driving While On A Suspended License Charges
Driving on a suspended license is usually a traffic misdemeanor. This is a serious traffic violation, which hinges upon a criminal charge because it has criminal repercussions. You will face criminal charges and associated penalties, especially if property was destroyed or someone sustained injuries.
The court will schedule a hearing, and both you and your attorney must attend. Missing the hearing can result in additional penalties. The Department of Motor Vehicles (DMV) will impose six demerit points on your record. The DMV can also suspend your driving privileges depending on the severity of your offense.
If your insurance company establishes that you drove without a license, it will consider you a high-risk motorist. This serious crime will cause your insurance company to charge you an extra premium for your insurance.
In some cases, the DMV could order you to provide what is known as an SR-22. An SR-22 is a certificate that proves financial responsibility for high-risk drivers. This shows they meet the state's minimum insurance requirements. This will also attract a higher premium than regular insurance coverage. However, lacking an SR-22 certificate is a narrow sub-class of driving on a suspended license. This only applies in certain specialized situations. It can apply if you are driving on a suspended license and fit a certain DMV class.
Penalties For Driving On A Suspended License
The following are the possible penalties you can face for driving on a suspended license:
First Offense Driving On A Suspended License In Virginia
You can face class 1 criminal misdemeanor charges if it is your first offense of driving on a suspended license in Virginia. Misdemeanor charges can attract the following penalties:
- License suspension
- A fine that does not exceed $2500
- A jail term that does not exceed one year
However, most judges do not impose active jail terms on first-time offenders, but some can. You can usually face a mandatory license suspension if the court finds you guilty of this offense.
An experienced attorney can fight for you to have your charges reduced or dismissed if it is your first offense. Your charges can be dropped or dismissed if the prosecutor cannot prove you received a license suspension notice. However, if you admit that you were aware your driving privilege was under suspension, then that element is proved. Sometimes, the judge can rule in your favor if you go back to court fully licensed in situations with no legal defense for driving on a suspended license.
Second Offense Driving On A Suspended License
A second-offense crime of driving on a suspended license differs from a first-time offense. The court can impose a jail term for a second-time offense of driving on a suspended license unless there are mitigating circumstances, a legal defense, or a plea agreement.
Most prosecutors will request the court to impose a jail term of up to ten days or more for a second crime of driving on a suspended license. Judges do not tolerate subsequent crimes because they show a record of violating court orders. Some offenders will continue operating their vehicles even under court orders. However, the prosecutor must still prove the elements of the offense. Sometimes, there can be mitigating factors that will help dismiss or reduce charges of driving on a suspended license.
Third Offense Driving On A Suspended License
You will face a mandatory jail term if you are guilty of a third offense of driving on a suspended license within ten years. However, the prosecutor must first prove the following elements:
- You operated a vehicle
- The court suspended your driving license
- You were aware your license was under suspension
- You have a prior conviction
You can face a mandatory minimum jail term of ten days if the judge finds you guilty of this offense. Sometimes, the judge can impose a jail term of up to one year for a third-time offense of driving on a suspended license.
A third offense of driving on a suspended license may suggest a pattern of repeated violations of court orders. However, your attorney can still develop a strong defense strategy against your charges. Sometimes, the prosecutor can fail to prove that your prior convictions were valid. If this happens, the judge could drop or reduce your charges. If your prior convictions did not require you to pay a fine or costs, then your attorney can claim they were invalid. The superior court is often inclined to rule automatic license suspensions as illegal. If the superior court rules against the lower court’s decision, your attorney can challenge your previous convictions.
You could face an additional suspension equal to the initial one if you are convicted of driving on a suspended license. For example, you can face another 90 days without a driving license if you are guilty of driving while under a 90-day suspension.
Your car could be impounded immediately for a period that does not exceed 30 days under Virginia Code 46.2-391.2 if your license was suspended because of an alcohol offense. The judge can order you to pay all storage and impounding expenses before your car is released.
The impoundment punishment will apply if you were suspended for:
- Operating a car after your license was suspended administratively for being convicted of DUI, breathalyzer refusal, or Underage DUI under Virginia Code 46.2-391.2
- Operating a car after being declared a habitual offender because of an alcohol-related offense
- Driving on a revoked license related to Virginia Code 18.2-272
- Commercial driving DUI under Virginia Code 46.2-341.24
- DUI involuntary manslaughter under Virginia Code 18.2-36.1
- DUI maiming under Virginia Code 18.2-51.4
The judge will not impound the car if you were not the owner during the offense.
Mitigating Factors
A common mitigating factor can be an emergency that makes you operate a vehicle while your license is suspended. The judge cannot impose disciplinary action on you in an emergency. There can be emergencies like the need to take someone to hospital at night, and you are the only person who can operate the vehicle. In this situation, the judge will consider and mitigate the penalty.
Defenses Against Driving On A Suspended License Charges
You can present various defenses to fight against your Virginia Code 46.2-301 charges in court. The common defense you or your attorney can present is that you were not served with a DMV notice of a license suspension. For example, it can be possible that you were not aware of your license suspension because of unpaid fines. The prosecutor must provide sufficient evidence to prove that you knew your license was suspended when the police stopped you.
In this case, the prosecutor should provide a letter from the Department of Motor Vehicles as evidence. You can allege that you have a new email address if the DMV sends the letter to your old address. The judge can reduce or dismiss your charges if your attorney convinces them with this defense.
Your attorney can also outline that the police had no reasonable articulable suspicion to pull you over. The traffic officers can only pull you over if they believe you have violated another traffic law, such as speeding or breaking a taillight. The court can drop your case if law enforcement has no valid reason to stop you.
Reinstating A Driving License
Sometimes, the best defense against driving on suspended license charges is securing your license before going to court. The court can offer you an extension if you make an honest effort to clear your fines or comply with the requirements of reinstating your license. You are more likely to be successful in your pursuit if you secure the services of an attorney. The judge can easily drop your charges if your license is reinstated.
Your license can only be reinstated depending on the circumstances of your suspension. You can secure the details of your individual requirements from the Department of Motor Vehicles at a small fee. The requirements can be as follows:
- Undergoing another driver’s training and paying for a new license
- You must prove the successful completion of a driver improvement program if you were asked to do so
- Payment of reinstatement fee ranges from $40 to $220. You must do this before reinstatement.
- Providing proof of insurance
- If you were suspended because of failing to pay the fine, you must do so and provide evidence of payment to the DMV.
Securing A Restricted License
You should apply for a restricted license when your license is suspended. A restricted license will offer you limited driving opportunities depending on the reason why you were suspended. You must also provide evidence that you have complied with the rules imposed by the judge prior to granting permission for the restricted license. In addition, you will likely have to pay a reinstatement fee to the DMV before they issue you with the license.
You should also explain why you require a restricted license. For example, you can allege that you need to drive to and from work to secure your job and protect your livelihood. In this case, you must provide a letter from your employer on company stationary to support your request. If you operate your car beyond the conditions of the restricted license, it can attract a charge of driving while suspended.
Related Offenses
The following are other crimes that can be charged along with VA 46.2.301.1 charges:
Driving On A Revoked License - VA 18.2-272
The DMV can terminate your driving license completely if you violate traffic laws like:
- Driving on a suspended license
- Felony offense using a car
- Driving under the influence
You face the charges under Virginia Code 18.2-272 if you commit this offense. Driving on a revoked license is usually a more severe crime than driving on a suspended license. The law does not allow you to pursue a restricted license during the revocation period. You can face a class 6 felony charge if you are guilty of a third offense. The penalty for this offense is usually a jail term that does not exceed five years.
Find A Criminal Defense Attorney Near Me
Driving on a suspended license is a severe offense under Virginia law and can have far-reaching implications. If you face charges for driving on a suspended license, you should contact an attorney immediately to work on a defense strategy. At the Virginia Criminal Attorney, we have experienced attorneys who can help you create a strong legal defense for your charges. We have what it takes to handle even the most intricate cases. We understand the agony of facing criminal charges and will do our best to fight for you. Contact us at 703-718-5533 to speak to one of our attorneys.
