Driving Suspended Puts More Than Your License at Risk.
Your defense matters when your daily life depends on driving.
Think about how often you drive in a week. To work? School? Doctor? Pick up kids?
When your license is suspended or revoked, your ability to do all of those things is at risk. Getting behind the wheel can turn into a criminal charge that carries the possibility of jail, fines, and further suspensions. If you find yourself facing a driving suspended or driving revoked charge, Attorney Amy Harber can help you handle what’s next.
How Does My License Become Suspended?
Your driver’s license can be suspended by both the Department of Motor Vehicles (DMV) or a Court for many different reasons. Common ones include a prior traffic or misdemeanor conviction that requires a suspension, accumulating too many demerit points, getting a DUI or drug-related conviction, or failing to maintain insurance or other required paperwork. Many people do not realize their license is suspended until they are pulled over. Regardless of the reason, it is a crime to drive a motor vehicle after your license has been suspended or revoked whether the suspension came from the DMV or from a Court.
Can My Charges Be Dismissed or Reduced?
To prepare a defense, Attorney Amy Harber looks closely at the facts of each case, including:
Whether the traffic stop was lawful
Whether your license was actually suspended on the date of the stop
Whether you received proper notice of the suspension
Whether the summons cites the correct charge
Whether you have since completed the DMV reinstatement requirements
Whether any prior violations affect your options
The outcome of every case is based on its unique facts and circumstances. If you have no recent similar violations and you provide evidence that you have done what is needed to reinstate your license, the Court and prosecution may consider a reduction or dismissal of the charge. If that is not an option in your case, an experienced traffic attorney can formulate a plan to help you achieve the best possible outcome.
Should I Hire a Lawyer for Driving Suspended?
Yes! Because this charge is a misdemeanor, a conviction creates a criminal record and can have collateral consequences for immigration status, security clearances, public and educational benefits, employment, and future licensing. By pleading guilty or going to trial without having an experienced attorney review your matter, you could be placing yourself at unnecessary risk.
If you have been charged with driving on a suspended or revoked license, do not wait until your court date. Contact us at (571) 690-1774 to discuss your options. Attorney Amy Harber can help you handle what’s next.
Frequently Asked Questions
What is the penalty for driving suspended in Virginia?
It depends on how you are charged and why your license is suspended. A standard first-time charge is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of $2,500. Convictions also result in additional license suspensions of varying lengths.
Some offenses, including certain repeat DUI-related violations, can be felonies.
What if I didn’t know my license was suspended?
Receiving notice of the suspension is typically an element of the crime that the prosecution must prove to convict you. An experienced attorney can review your DMV transcript and other relevant information to determine whether the prosecutor can prove notice in your case.
Will I go to jail?
The Judge can impose jail time if he or she convicts you of driving on a suspended or revoked license. The outcome depends on your record, the reason for the suspension and the court.
Can I drive to work while my license is suspended or revoked?
No, you may not drive with a suspended license unless the Court that suspended it has authorized a restricted license AND the Department of Motor Vehicles has approved that restriction.
How Do I Get My License Back?
Reinstatement is handled by the DMV, which generally requires that you complete all conditions of the suspension, pay reinstatement fees and provide any required proof of insurance before issuing a new license. It also can require a Court to authorize restoration depending on the reasons for suspension or revocation. An attorney can walk you through the steps you need to complete in order to restore this important lifeline.