Driving on Suspended License Attorney in Virginia
If your driving privileges are suspended or revoked in Virginia, you are expected to refrain from driving until you complete all the requirements necessary to get your license reinstated. Unfortunately, you can get pulled over and charged with driving on a suspended or revoked license for any number of reasons. This includes your good-faith belief that you had a valid license or because you had to drive due to an emergency.
Whatever the reason, if you have been arrested and charged with driving on a suspended or revoked license, you need dedicated, experienced legal representation on your side. A Virginia driving on a suspended license lawyer can help you understand the potential defenses in your case and how to minimize the impact of possible consequences.
Contact Upton Law, PLLC today to speak with a Virginia driving on a suspended license attorney about your case. Samantha Upton provides honest, straightforward advice and is committed to finding the best possible solution to your legal problems. She is available to discuss your case in a free and completely confidential consultation.
Types of Driving on Suspended License Charges
In Virginia, your driver’s license can be suspended for several reasons. The reasons for your license suspension can affect the severity of the consequences you face if you are charged with driving with a suspended license. Some of the reasons your driving privileges may be suspended or revoked include:
- Revoked license related to a driving under the influence, or DUI, charge
- Suspension for DMV points, unpaid fines, or court costs
- Suspension for failure to pay child support
- Suspension for lack of automobile insurance
- Non-DUI related, court-ordered suspension
In Virginia, driving on a suspended or revoked license normally will result in a Class 1 misdemeanor charge. However, there are circumstances where driving on a revoked license can be charged as a felony offense.
Consequences of Driving with a Suspended/Revoked License
If you are convicted of a Class 1 misdemeanor charge of driving with a suspended or revoked license, you could face a sentence of up to one year in jail, along with a fine of up to $2,500. If charged as a Class 6 felony, you may be exposed to a prison sentence of one to five years, along with a possible fine of up to $2,500.
Additionally, if you are convicted of driving with a suspended license, the court is required to impose another, additional period of driver’s license suspension that is equal to the period of suspension you were already serving. For example, if you were serving a 90-day license suspension for accumulating too many driving record points, or demerit points, and you are convicted of driving during that 90-day suspension, the court must impose another 90-day license suspension. If you are serving an indefinite suspension, the court may impose an additional suspension period of up to 90 days.
Defending a Driving on a Suspended License Charge
With the assistance of an experienced defense attorney like Samantha Upton, you might convince a judge in your driving while suspended case to dismiss or reduce your charge if:
- You have taken the steps to get your driving privileges reinstated following a suspension, or
- There is a legal defense to your charge, such as failure to prove notice of the suspension or there wasn’t a valid reason for the stop.
Say, for example, your driver’s license was suspended for failing to provide proof of insurance. You might get the judge to dismiss or reduce a driving while suspended charge if you provide proof of insurance to the DMV and pay the fees to have your license reinstated.
Getting a Restricted License
Of course, the best way to avoid a charge of driving with a suspended or revoked driver’s license is to apply for a restricted license that may allow you to drive under limited circumstances. For example, you may be able to apply to the court for a restricted license if you need driving privileges for work.
If the court approves your request, the court will set forth the conditions under which you are permitted to drive. You will also need to pay the appropriate fees to the DMV to have the agency issue you a restricted license.
If you are found to be driving outside the terms of your restricted license, you can still be charged with driving on a suspended or revoked license.
How a Virginia Driving on a Suspended License Lawyer Can Help
If you have been arrested for driving on a suspended or revoked license in Richmond or anywhere else in Virginia, you may think that nothing can be done to help your situation. However, Attorney Samantha Upton can help protect your rights and interests by:
- Giving you an honest assessment of what to expect in your case and your options to pursue the best possible solution.
- Exploring potential factual and legal defenses in your case. For instance, you may be able to prove that you were not provided with sufficient notice of the suspension or revocation of your license. Based on the facts in your case, it may also be possible to argue that your driver’s license suspension or revocation had not taken effect, or that your privileges had been reinstated at the time of your arrest. You may have been driving within the terms of your restricted license. Under certain circumstances, you could challenge the validity of the police traffic stop that led to your arrest.
- Providing you with financial certainty by quoting you a flat fee for your case. You won’t have to worry about surprise additional fees or about running up a bill just to talk to your lawyer about your case.
Talk with a Virginia Driving on a Suspended License Attorney Now
If you have been arrested for driving with a suspended or revoked driver’s license in Virginia, you need experienced legal counsel. The right lawyer can help you explore your legal options for facing your charges and advocate for your rights every step of the way. Contact Upton Law, PLLC today for a free, no-obligation consultation. You will speak with a knowledgeable Virginia driving on a suspended license lawyer and learn how an effective legal defense can help to minimize the impact the case will have on your life.