What is the name of your state (only U.S. law)? VA
I will try to make this quick and to the point.
I recently was convicted on my Second DUI. My licensed was suspended for 3years. Hard suspension for 1 year.
I went to the DMV to get an identification card as I was getting out of the Military so I needed some other form of ID. When I went to the DMV I checked the Identification Box, when I received the card, they had issued me a Driver's License. I asked the DMV if this was correct as I was under the impression my license had been suspended. They showed no record of it being suspended and that if it was in fact suspended I would be notified of this. So I continued to drive, a couple weeks went by I was coming home from work one night late and an officer I guess had decided to run my plates and proceeded to pull me over. He stated that my license was suspended, I gave him my explanation of course and he understood but still had a job to do and arrested me. I was of course cooperative with the officer.
I have a preliminary hearing tomorrow and was wondering if I have a leg to stand on at all. I definitely would not have been driving had I not been under the impression that I still had a valid drivers license.
I was also under the impression that this was a misdemeanor as it was my first offense, but was charged with a Class U Felony. code 46.2.391 I thought it should have been code 46.2.301 after doing some research but I am not a lawyer. It is listed as endangerment, but I didn't endanger anyone.
Thanks for any help.
Robert
I will try to make this quick and to the point.
I recently was convicted on my Second DUI. My licensed was suspended for 3years. Hard suspension for 1 year.
I went to the DMV to get an identification card as I was getting out of the Military so I needed some other form of ID. When I went to the DMV I checked the Identification Box, when I received the card, they had issued me a Driver's License. I asked the DMV if this was correct as I was under the impression my license had been suspended. They showed no record of it being suspended and that if it was in fact suspended I would be notified of this. So I continued to drive, a couple weeks went by I was coming home from work one night late and an officer I guess had decided to run my plates and proceeded to pull me over. He stated that my license was suspended, I gave him my explanation of course and he understood but still had a job to do and arrested me. I was of course cooperative with the officer.
I have a preliminary hearing tomorrow and was wondering if I have a leg to stand on at all. I definitely would not have been driving had I not been under the impression that I still had a valid drivers license.
I was also under the impression that this was a misdemeanor as it was my first offense, but was charged with a Class U Felony. code 46.2.391 I thought it should have been code 46.2.301 after doing some research but I am not a lawyer. It is listed as endangerment, but I didn't endanger anyone.
Thanks for any help.
Robert
