Driving on a suspended/revoked license in Virginia is a Class 1 Misdemeanor. It can result in up to $2,500 fine and the possibility of jail time. Third and subsequent offense within 10 years carries a mandatory minimum term of 10 days in jail.
Depending on the specific circumstances of your case, your charge can possibly be reduced or dismissed. Here are some of the factors to consider:
- The Commonwealth must prove you knew your license were suspended/revoked.
- The failure to reapply to have your license reinstated at the end of the revocation/suspension doesn’t extend the period of revocation/suspension.
- Operating the vehicle in the situation of an extreme emergency can be a mitigating factor.
- If you’re charged with third and subsequent offense, the Commonwealth must demonstrate your prior convictions meet all the requirements. If, for example, your prior convictions are from another jurisdiction, the laws must be “substantially similar” to Virginia laws.
Only a knowledgeable and experienced traffic defense attorney can evaluate all the facts and circumstances of your case to make sure all the requirements are met and to develop the best strategy for your defense.
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