What Can I Do If I Have Been Charged with Driving on a Suspended License?
Driving on a suspended license is a very commonly charged offense. A license can be suspended for a variety of reasons. A license may be suspended for the failure to pay court fines. A license is often suspended as the result of the conviction of a crime. For example, after a DUI or DWI conviction the defendant’s license is suspended for a period. Finally, driving without a valid operator’s license is also illegal.
What are the Penalties for Driving on a Suspended License?
The penalties for driving on a suspended license depend on the reason for the suspension. In many cases, the offense is charged under Va. Code 46.2-301. Under this statute, driving on a suspended license is a Class 1 Misdemeanor. It carries up to 12 months of jail time and a fine up to $2,500. Of course, the defendant’s license will be re-suspended for the same period as the prior suspension or up to 90 days. A third offense of driving under a suspended license also contains a 10 day mandatory period of incarceration.
When a license has been suspended because of a DUI, DWI or refusal to take a breathalyzer, the punishment can defer slightly if the offense is charged under Virginia Code 18.2-272. Driving while a license is suspended for a DUI or DWI is still a Class 1 Misdemeanor, but is elevated to a Class 6 Felony on the third offense within three years. The defendant’s license suspension is also increased for one year for a first offense and three years for any second or subsequent offenses. Further, the defendant’s license will be revoked rather than suspended. The defendant will need to go through the DMV in order to get their license restored.
Driving without an operator’s license carriers the lowest punishment of the three.As a Class 2 Misdemeanor, it carriers confinement of up to 6 months and a fine of up to $1,000.
In many cases, a first or second offense of driving on a suspended license will not lead directly to jail time. Still, often the defendant has suspended time hanging over his head from the prior offense. This suspended time can be revoked and may lead to a period of incarceration. For example, a defendant that gets convicted of a DUI might have 30 days suspended as part of his punishment. If he is subsequently convicted of driving on a suspended license, he could serve part or all that suspended time.
Are There Any Defenses to Driving on a Suspended License?
Driving on a suspended license is ordinarily an easy case for the Commonwealth to prove. The Commonwealth need only prove that the defendant’s license was suspended, the defendant knew his license was suspended and that the defendant was driving. In some circumstances, the defendant may be able to prove that he never received notice and so was unaware that his license was suspended. In rare cases, it may even be possible to argue that the defendant was not the person driving the car. This can happen where the police recognize a defendant, but wait until later before arresting the person.Lastly, in some circumstance an attorney can argue that the defendant was not actually driving on a highway of the commonwealth. Such a defense might work where the defendant was merely driving in his driveway or on his property.
