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Freaking about driving without license court appearance

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bobyahoo

Junior Member
What is the name of your state (only U.S. law)? Virginia
I was pulled over and issued a ticket for failing to obey highway signs and a driving without a license (because my license expired while waiting for a visa extension). I know i made a mistake driving while the license was expired and was just traveling to and from work. I have no idea what to expect at my court date for the driving without a license and was wondering if anyone could spare some advice, should i get a lawyer and what kind of punishment should i expect? I have a clean driving record prior to this and have found alternative means to work.
 


HighwayMan

Super Secret Senior Member
This is from some attorney's website. If you had simply googled it you would have found the same thing:

A first offense of this provision is a Class 2 misdemeanor and second or subsequent offenses are charged as Class 1 misdemeanors. As such, a first offense carries a potential punishment of confinement in jail for not more than six months and a fine of not more than $1,000. A second or subsequent offense carries a potential punishment of confinement in jail for not more than twelve months and a fine of not more than $2,500. The judge may suspended a persons driving privileges for up to 90 days upon the conviction of any offense under section 46.2-300.

In reality, judges rarely impose the maximum punishment and “standard” punishments differ from one jurisdiction to another. While it is theoretically possible to receive a jail upon conviction of a first offense, this outcome would be unusual in most jurisdictions. Judges do occasionally impose jail on a second offense and regularly impose jail on third and subsequent offenses.
 

quincy

Senior Member
This is from some attorney's website. If you had simply googled it you would have found the same thing:

A first offense of this provision is a Class 2 misdemeanor and second or subsequent offenses are charged as Class 1 misdemeanors. As such, a first offense carries a potential punishment of confinement in jail for not more than six months and a fine of not more than $1,000. A second or subsequent offense carries a potential punishment of confinement in jail for not more than twelve months and a fine of not more than $2,500. The judge may suspended a persons driving privileges for up to 90 days upon the conviction of any offense under section 46.2-300.

In reality, judges rarely impose the maximum punishment and “standard” punishments differ from one jurisdiction to another. While it is theoretically possible to receive a jail upon conviction of a first offense, this outcome would be unusual in most jurisdictions. Judges do occasionally impose jail on a second offense and regularly impose jail on third and subsequent offenses.
The quote is from Caddell Nelson & Reibach's website. They are attorneys in Richmond, Virginia.
 

HighwayMan

Super Secret Senior Member
I know quincy, I was just trying to avoid the direct reference - no need to give anyone free advertising! Besides, I thought it might be looked down upon here.
 

quincy

Senior Member
I know quincy, I was just trying to avoid the direct reference - no need to give anyone free advertising! Besides, I thought it might be looked down upon here.
When attorneys actually write something that the average person can read and understand, I think they deserve the credit. :D




(FA allows for the citing of sources and providing links to sources)
 

bobyahoo

Junior Member
Is this supposed to make it okay?
Nothing makes it okay i broke the law and i understand that but i think there is a difference morally between doing something out of a necessity to live (pay for food,shelter, and clothing) and just doing it cause you can, obviously the first thing i did was google the law and yes i read many different advertisements from attorneys. I was hoping to get some advice on the process and best steps going forward (such as getting an attorney if this could affect my visa extension).
 

Zigner

Senior Member, Non-Attorney
Nothing makes it okay i broke the law and i understand that but i think there is a difference morally between doing something out of a necessity to live (pay for food,shelter, and clothing) and just doing it cause you can...
Funny how your good citizenship and morals change when it actually affects you.
 

Just Blue

Senior Member
Nothing makes it okay i broke the law and i understand that but i think there is a difference morally between doing something out of a necessity to live (pay for food,shelter, and clothing) and just doing it cause you can, obviously the first thing i did was google the law and yes i read many different advertisements from attorneys. I was hoping to get some advice on the process and best steps going forward (such as getting an attorney if this could affect my visa extension).
You broke a couple of laws. Per your posting.

If you were just trying to get from point A to point B on your nonvalid llicense...You should not have drawn attention to yourself with the other violation.

I was pulled over and issued a ticket for failing to obey highway signs and a driving without a license (because my license expired while waiting for a visa extension).
 
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FlyingRon

Senior Member
You should get a lawyer unless you can convince the Commonwealth's Attorney to waive jail time. Some of the GDC judges are hardasses and intentionally driving while suspended may end up with you in jail for a few days even for a first offense. I've seen it happen.

What sort of visa are we talking about here?
 

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