Defense Attorney in Virginia for Driving with a Suspended License
Understanding License Suspension in Virginia
Your driver’s license can be suspended in Virginia for various reasons, including traffic violations, criminal offenses, and administrative failures. A drug-related DUI conviction is a frequent cause, resulting in a mandatory six-month suspension for a first offense, two years for a second within 10 years, and an indefinite suspension (minimum three years) for a third.
The laws of Virginia distinguish between a driver’s license suspension and revocation, with the latter being more severe. The DMV requires you to meet specific criteria to reinstate your license, including paying reinstatement fees, completing traffic school, or submitting SR-22 insurance.
Failing to comply with DMV or court orders can result in additional suspensions or more severe consequences. A skilled license suspended defense attorney can help you address these serious charges and avoid potential consequences.
Penalties for Driving on a Suspended License
Driving on a suspended or revoked license in Virginia is typically a Class 1 misdemeanor. The penalties may include up to seven days in jail, a fine of up to $2,500, and an additional license suspension equal to the original suspension term.
For example, if your license was suspended for 6 months due to a first drug-related DUI, a conviction adds another 6-month suspension. For a second or subsequent offense within 5 years, penalties escalate to up to 12 months in jail and a mandatory minimum fine, with the court potentially imposing a longer suspension.
The conviction also adds six demerit points to your Virginia DMV record, retained for 11 years, increasing the risk of further suspensions if additional points accrue. These penalties apply regardless of the suspension’s cause, whether it’s a drug DUI, unpaid fines, or a missed court date, though courts may be stricter for DUI-related suspensions due to public safety concerns.
Building a Strong Legal Defense
An experienced suspended driver’s license defense attorney can help you build a strong legal defense for these charges. A strong potential defense for a driving on a suspended license charge is proving you were unaware your license was suspended.
The prosecution must show you knowingly drove while suspended, so your Virginia defense lawyer can argue lack of notification if the DMV failed to send notice to your current address or if there’s evidence of a mailing error.
For suspensions due to unpaid fines, missed court dates or a drug-related DUI, your defense lawyer can subpoena DMV records or present testimony to demonstrate you did not receive notice, potentially leading to dismissal. This defense is stronger if you updated your address with the DMV, but weaker if you failed to do so, as Virginia law expects drivers.
Another effective defense is challenging the legality of the traffic stop that led to the charge. Under Virginia law, police must have reasonable suspicion of a violation (e.g., speeding, equipment failure) to initiate a stop. If the stop lacked a valid basis, such as no observed traffic infraction or an improper pretext, your defense lawyer can file a motion to suppress evidence obtained during the stop, including proof you were driving on a suspended license.
If dismissal is unlikely, your defense lawyer can negotiate with prosecutors to reduce the charge to a lesser offense, such as driving without a license, a Class 2 misdemeanor with no jail time, a fine up to $1,000, and three demerit points instead of six. This is often possible for first-time offenders or if the suspension was due to unpaid fines or missed court dates.
Talk to proven defense attorney Scott C. Nolan today in a free consultation to learn about your defense options.
Consequences Beyond the Courtroom
A conviction for driving on a suspended license significantly raises auto insurance premiums, as insurers classify it as a high-risk offense. Premiums may increase by 20-50% for 3-5 years, with even higher hikes if the suspension was due to a drug-related DUI, which often requires an SR-22 form for three years, adding $500-$1,000 annually.
A conviction can jeopardize employment, particularly for jobs requiring driving, such as delivery, trucking, or rideshare services. For commercial driver’s license (CDL) holders, a conviction risks a one-year CDL disqualification, even if the offense occurred in a personal vehicle, which can severely impact professional drivers.
An experienced defense attorney can help you if you want a restricted license to preserve your ability to meet daily obligations.
What to Do If You’re Caught Driving While Suspended
If pulled over for driving on a suspended license, remain calm and cooperative with the police officer to avoid escalating the situation. Provide requested documents, but avoid admitting you knew your license was suspended, as this can be used against you in court.
Next, contact a Virginia traffic defense lawyer as soon as possible to build a strong defense. Your lawyer can challenge the charge by arguing a lack of knowledge of the suspension, contesting the legality of the traffic stop, or negotiating a reduction to a lesser offense, such as driving without a license, a Class 2 misdemeanor with no jail time and three demerit points instead of six.
Why You Need a Suspended License Defense Attorney
A Virginia suspended license defense attorney, such as Attorney Nolan, is essential for navigating the challenges of driving on a suspended license charge.
An attorney thoroughly reviews case details, including DMV records, police reports, and the circumstances of the traffic stop, to identify defenses such as a lack of knowledge of the suspension or an unlawful stop that lacks reasonable suspicion. For suspensions due to unpaid fines, missed court dates, or a drug DUI, a lawyer can tailor a defense strategy to challenge evidence, potentially leading to dismissal or a reduction to a lesser offense like driving without a license.
Next, a skilled defense attorney is critical for negotiating with prosecutors to reduce or dismiss the charge, minimizing penalties that could extend your suspension and disrupt your life. By resolving the underlying suspension cause, such as paying fines, rescheduling a missed court date, or complying with the Alcohol Safety Action Program (ASAP) for a drug DUI, your defense lawyer can demonstrate good faith, increasing the likelihood of a favorable plea deal or dismissal.
Working with a skilled defense attorney, such as Scott C. Nolan, offers the best chance of protecting your driving record and license. Attorney Nolan has a successful 20-year track record defending thousands of clients against all types of criminal and traffic charges.
Frequently Asked Questions:
Driving on a suspended license is generally a misdemeanor, but it can escalate to a felony under specific circumstances. The classification and penalties depend on the reason for the suspension, prior offenses, and the context of the offense. Driving on a suspended or revoked license in Virginia is typically a Class 1 misdemeanor, but driving on a suspended license can become a Class 6 felony in specific cases, such as when the suspension was due to a DUI-related offense, and the driver causes a serious accident resulting in injury or death.
Yes, in Virginia, you can be arrested for driving with a suspended license, as it is a criminal offense. The decision to arrest versus issuing a summons depends on factors such as the officer’s discretion, your driving behavior, or prior offenses.
In Virginia, a driver’s license can be suspended for various reasons, including traffic violations and administrative issues. One of the most common reasons for license suspension in Virginia is a conviction for serious traffic or criminal offenses, particularly a drug-related DUI.
In Virginia, whether you face jail time for driving on a suspended license depends on the circumstances of the offense, the reason for the suspension, and your prior record.
Yes, in Virginia, a charge or conviction for driving on a suspended license can result in an additional license suspension or an extension of the existing suspension, particularly if the original suspension stemmed from a drug-related DUI.
In Virginia, not knowing your license was suspended when you were pulled over for driving on a suspended license can be a potential defense; however, it does not automatically exempt you from penalties.
In Virginia, a charge or conviction for driving on a suspended license significantly impacts your driving record and auto insurance, particularly if the original suspension stems from a drug-related DUI. The offense carries six demerit points, the maximum for a single violation, which increases the risk of further suspensions if you accumulate additional points. This can significantly affect your insurance rates.
Obtaining a restricted or hardship license while a case for driving on a suspended license is pending is possible but depends on the reason for the original suspension, the specifics of your case, and court discretion. Your criminal defense lawyer can advise you on the possibility of obtaining a restricted or hardship license.
If your license was suspended due to unpaid fines or missed court dates, a charge for driving on a suspended license can still lead to significant consequences, but the circumstances differ slightly from a drug-related DUI suspension.
If your license was suspended for unpaid fines or missing a court date, driving on that suspended license is a Class 1 misdemeanor with penalties including up to 7 days in jail, a fine of up to $2,500, and an additional suspension period equal to the original suspension term. Unlike a drug DUI suspension, which carries a mandatory 6-month minimum, suspensions for unpaid fines or missed court dates are typically lifted once the penalties are paid or the court appearance is resolved.
Yes. You can have this charge dismissed or reduced, especially if the suspension resulted from missed court dates or unpaid fines.
