Driving Suspended is a criminal misdemeanor in Virginia and is therefore a serious traffic offense. Punishments for driving suspended can include probation, jail, and additional suspension of your license. If you have been charged with driving suspended, you should contact a knowledgeable attorney to discuss your case and determine your best course of action.
PunishmentDriving suspended is a Class 1 misdemeanor, which means it is punishable by up to one year in jail and up to a fine of $2,500. In addition, a third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail.
In addition, upon conviction, the court shall extend the suspension of the driver's license for the same period for the original suspension, and if the original suspension was indefinite, for up to an additional 90 days. This additional suspension will begin upon the expiration of the original suspension. Under certain circumstances, the Court may authorize DMV to issue a restricted license for the driver during his period of suspension. Based on the reason for the original suspension, the Court may in certain circumstances impound the vehicle that was being driven.
Driving Suspended Cases in CourtIn Court, the Commonwealth (state) presents its side first, and will present evidence of the driving. The Commonwealth will also present evidence of how and why the driver's license was suspended. This will usually be the DMV record, the officer's testimony, and may also include additional evidence like statements from witnesses. The defendant who was charged will then have an opportunity to testify and present his evidence as to whether he was the driver and whether his license was suspended. The Court will rule at the end of the evidence, and typically does so immediately. If the driver is acquitted - found not guilty - then the he will receive no punishment. If he is convicted - found guilty -- the defendant is usually sentenced immediately, after the Court has had a chance to review the defendant's driving record.
In appropriate cases, Court may be willing to reduce or amend the charge. This can reduce the punishments or make it easier for the defendant to obtain a valid driver's license.
Our Experience in CourtOur firm has more than 15 years of experience trying traffic cases. Our attorneys also frequently handle misdemeanors and felonies in state and federal courts, both at trial and at the appellate level.
Getting Your License BackIn addition to helping you in court, our attorneys can explain to you what steps you will need to take to get your license back so that you can drive legally in the future. This may involve paying old fines, going to DMV for a driver's test, and paying a reinstatement fee.
Contact UsIf you are facing a driving suspended charge, we are prepared to stand up for your rights. Call us today at 434-972-9600 or contact us online.
Davidson and Kitzmann, PLC
211 E. High Street
Charlottesville, Virginia 22902
Tel: (434) 972-9600
Fax: (434) 220-0011
We are located in Charlottesville, but our lawyers handle cases in Charlottesville, Albemarle County, Greene County, Fluvanna County, Louisa County, Nelson County, Madison County, Orange County, Richmond, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.