driving without a license

[scottthomas]

What is the name of your state? VA

TIA,

My VA drivers license was suspended in May of 2005 for a period of 30 days. Following the 30 period I began driving. I, however, neglected to visit my local dmv and obtain a new copy of my drivers license. I was under the mistaken impression that I was legal to drive again, yet aware that I was guilty of not having proof of a VA drivers license on my person while operating a motor vehicle on a public roadway. Yes, extremely irresponsible, I know. I was recently pulled over and cited for "driving without a drivers license". The officer actually checked my driving status while he had me pulled over. I immediately (after several months of prior proscrastination) obtained a new drivers license . I'm scheduled to appear in court next month, yet I have the option of pleading guilty before my appearance and simply paying the fine. I'm just not sure how I should handle this. I not even sure what the 'level' of the offense is - is it a felony, misdemeanor. I know ignorance is not a valid defense, but I just wasn't aware I had to have my license officially reinstated following a suspension. I've never been convicted of a crime and I would like to keep it that way. So, finally, my questions are these: first, what is the level of offense of 'driving without a drivers license', and secondly, do you have any advice as to how I should handle this fine mess I've gotten myself into.

Sincerely,
Scott Thomas

 

[seniorjudge]

What is the name of your state? VA

TIA,

My VA drivers license was suspended in May of 2005 for a period of 30 days. Following the 30 period I began driving. I, however, neglected to visit my local dmv and obtain a new copy of my drivers license. I was under the mistaken impression that I was legal to drive again, yet aware that I was guilty of not having proof of a VA drivers license on my person while operating a motor vehicle on a public roadway. Yes, extremely irresponsible, I know. I was recently pulled over and cited for "driving without a drivers license". The officer actually checked my driving status while he had me pulled over. I immediately (after several months of prior proscrastination) obtained a new drivers license . I'm scheduled to appear in court next month, yet I have the option of pleading guilty before my appearance and simply paying the fine. I'm just not sure how I should handle this. I not even sure what the 'level' of the offense is - is it a felony, misdemeanor. I know ignorance is not a valid defense, but I just wasn't aware I had to have my license officially reinstated following a suspension. I've never been convicted of a crime and I would like to keep it that way. So, finally, my questions are these: first, what is the level of offense of 'driving without a drivers license', and secondly, do you have any advice as to how I should handle this fine mess I've gotten myself into.

Sincerely,
Scott Thomas

What is the statute number you are charged under?

Also, call the DMV and ask them how many points you will get.

 

[Two Bit]

Another potentional problem would be another suspension. In Georgia, any conviction of DWLS adds another 6 months suspension.

 

[lwpat]

The charge as I understand it is driving without a license in your possession rather than driving while suspended. If that is the case go in and show them your license and they may drop the charge. The danger of paying is that the DMV may notice you were driving while suspended and suspend you again.

 

[scottthomas]

What is the statute number you are charged under?

Also, call the DMV and ask them how many points you will get.

seniorjudge,

The law section listed on the citation is 14-5(46-2-300), and I will call the dmv asap - should have done it already. I actually called the dmv during my suspension period to see what I needed to do to get my license back following the end of the suspension period. The woman I spoke w/made no mention of reinstatement, but instead only told me that I would need to visit the dmv to obtain a new copy of my license because they couldn't send my old license back to me.

 

[scottthomas]

Another potentional problem would be another suspension. In Georgia, any conviction of DWLS adds another 6 months suspension.

Thx Two Bit, I hope that's not the case in VA! If I wasn't clear in my first post, my license was not suspended when I was pulled over, it just had not been reinstated, which actually consisted of nothing more than having a new license made. Harsh penalty for my slackness.

 

[scottthomas]

The charge as I understand it is driving without a license in your possession rather than driving while suspended. If that is the case go in and show them your license and they may drop the charge. The danger of paying is that the DMV may notice you were driving while suspended and suspend you again.

lwpat,

The charge is 'driving without a valid license'. I thought that I was only committing the offense of driving w/o a license in my possession, but was instead informed by the citing officer that I was not even legally licensed with the state of VA. I was in fact *not* driving on a suspended license. The suspension period had ended long before, I simply had not obtained a new copy of my drivers license.

 

[Two Bit]

They're a lot nicer up there than they are down here. Down here if your license is suspended, it's suspended until you reinstate it. OTOH, we don't do short term suspensions for 30 days for minor stuff. For us, it's 6 months, a year, or more.

 

[Happy Trails]

So, finally, my questions are these: first, what is the level of offense of 'driving without a drivers license'

§ 46.2-300. Driving without license prohibited; penalties.

No person, except those expressly exempted in §§ 46.2-303 through 46.2-308, shall drive any motor vehicle on any highway in the Commonwealth until such person has applied for a driver's license, as provided in this article, satisfactorily passed the examination required by § 46.2-325, and obtained a driver's license, nor unless the license is valid.

A conviction of a violation of this section shall constitute a Class 2 misdemeanor.

 

[homillerlaw]

The maximum penalty for driving without an operator's license is six months in jail and a $1000 fine. However, on a first offense, the court may be lenient if you show that you have since the offense reinstated your license. In that case you might be able to get away with a couple hundred dollar fine and no jail time or additional suspension. This is my experience defending clients in and around the Richmond area, so outcomes may be different in other parts of the Commonwealth.