Virginia traffic laws strictly prohibit driving with a suspended license. Anyone whose license has been suspended must apply for and receive a restricted license before they can legally drive again. The legal consequences of driving with a suspended license can be devastating: fines, jail time, and vehicle loss.
If you have been charged with driving on a suspended license in Virginia, what you do next can mean the difference between one or more of these penalties and having the charge removed.
Here is what you should do if you were driving with a suspended license when a Virginia police officer pulled you over.
Legal Penalties for Driving on a Suspended License
Driving with a suspended license can carry significant legal consequences, financial penalties, and repercussions for a person’s life. The primary negative factors that can arise from this charge are:
- Fines: For a first or second offense, driving with a suspended license can result in a fine of up to $2,500. This does not include any additional fees required to reinstate the driver’s license or recover the vehicle.
- Potential jail time: In addition to fines, someone driving on a suspended license could spend up to one year in jail. For a third offense, some jail time is mandatory — typically at least ten days.
- Future driving privileges: When a person is operating a vehicle without an active license, they will receive further revocation of their driving privileges, usually for the same duration as their first suspension. For instance, if a person’s license was suspended for 90 days and they are convicted, they can expect an additional 90-day suspension. However, repeat offenders can have their licenses revoked entirely and may need to start over completely, including taking a skills test.
- Insurance rates: Individuals convicted of driving on a suspended license in Virginia typically see their insurance rates rise significantly, as they are considered risky drivers. Some insurers may no longer offer coverage at all after such a conviction.
Steps to Take If Charged
If you have been charged with driving on a suspended license, the first thing to do is remain calm. Comply with law enforcement officers at the scene and throughout the trial process, and refrain from making incriminating statements.
This includes attempting to explain to the officers what was happening at the scene or trying to justify why you were driving. Document what happened and provide this information to a legal professional who can speak on your behalf.
The sooner a driver reaches out for legal assistance after a charge, the longer the legal team has to craft a compelling case.
Appealing License Suspension
If an individual believes their case has not been fairly heard, or if there is information that impacts the license suspension decision, they may appeal the suspension.
To do so, the driver’s legal team can request a hearing and present evidence to challenge the suspension or verdict. Appeal windows are small, so act quickly.
Some of the most common defenses that an attorney may use to challenge a charge of driving on a suspended license or appeal the court’s decision include:
Notification requirements: The Virginia Department of Motor Vehicles is required to notify all drivers in writing that their license has been suspended. Failure to do so can free a driver from culpability should they be pulled over while driving on a suspended license. For instance, if a driver has recently moved and their mail was not properly forwarded, this can be a sufficient defense in their favor. An attorney can assist with establishing a paper trail and demonstrating gaps in dates to support a claim that the driver was not aware of the suspension.- Reasonable suspicion: A police officer must be able to clearly articulate the reason why they pulled someone over, and this rationale must be reasonable; in other words, the driver must be violating traffic laws or committing a crime. If the court cannot demonstrate that the officer had reasonable suspicion or pulled the driver over for an illegitimate reason, the driver may not be convicted, even if they were operating a vehicle on a suspended license.
Seek Help After a Suspended License Charge
Being charged with driving with a suspended license in Virginia can be a stressful matter because it can threaten a person’s future ability to drive, as well as their current financial well-being and ability to work.
However, a traffic attorney can assist drivers in defending against a suspended license charge or appealing the court’s decision where possible.
The team at The Law Offices of Kermit A. Monge can help with a driving with a suspended license charge, whether that means mitigating the potential penalties or having the charge dismissed entirely. Contact The Law Offices of Kermit A. Monge to schedule a consultation.