- DRIVING SUSPENDED CODE OF VA SUBSEQUENT OFFENDER LICENSE
- DRIVING SUSPENDED CODE OF VA SUBSEQUENT OFFENDER FREE
However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest.
DRIVING SUSPENDED CODE OF VA SUBSEQUENT OFFENDER LICENSE
In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver's license, learner's permit, or privilege to drive a motor vehicle has been suspended or revoked for (i) a violation of § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person's license has been administratively suspended under the provisions of § 46.2-391.2. Driving while license, permit, or privilege to drive suspended or revoked.Ī.
DRIVING SUSPENDED CODE OF VA SUBSEQUENT OFFENDER FREE
If saving your driver's license, minimizing fines, and avoiding a jail sentence are important to you, call The Wilson Law Firm at 70 or toll free at 1-88 for a free, no obligation consultation. You need an aggressive and knowledgeable attorney who will fight for your rights and, where appropriate, negotiate a favorable outcome. If you've been charged with driving on a revoked or suspended license in Virginia, don't make the common mistake of trying to go it alone without an experienced Virginia criminal defense lawyer. (See Virginia Code §15.2-1716.).Īmong other things, at the very minimum in your case, the Commonwealth must be able to prove the following elements: suspension or revocation, driving as opposed to operating, a motor vehicle, on a highway, and notice. If your charge also involves an accident, localities may seek repayment of expenses incurred by responding law enforcement, firefighting, rescue and emergency services. Under certain circumstances, the vehicle's owner may petition the General District Court for early release of the vehicle. (Virginia Code §46.2-355.1).ĭepending upon the circumstances and reason for your underlying suspension, the motor vehicle involved initially may be impounded from 3 to 30 days, and up to an additional 90 days upon conviction for certain alcohol related offenses. If convicted a second time for driving while suspended or revoked, the DMV Commissioner will likely notify you that you have 60 days to report to VASAPfor an intervention interview.
Generally, if convicted of driving on a revoked or suspended license, your license will be suspended for the same period that your license or privilege had already been suspended, except where your underlying suspension is for an indefinite term, in which case your license or privilege will be suspended for a period up to 90 days. However, depending upon the nature of the prior revocations and the circumstances of the offending driving while subject to the current revocation, you may be charged with a felony offense. A third or later offense occurring within a 10 year a period includes a mandatory minimum of 10 days in jail, if convicted. In Virginia, no person whose driver's license has been suspended or revoked, or who has been directed not to drive by the court or DMV, or who has been forbidden by a statute or ordinance, shall drive a motor vehicle on any highway in the Commonwealth of Virginia.Ī driving on a revoked or suspended license offense is a Class 1 misdemeanorpunishable up to 1 year jail and a fine up to $2,500.
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