Virginia Suspended Revoked Driver’s License Attorney

Driving is a privilege. Riley & Wells Attorneys-At-Law understands the importance of exercising that privilege and maintaining a valid driver’s license. Driving in most parts of Virginia is essential to living and working in a community with limited public transportation. Driving in Virginia without a valid driver’s license, driving with a suspended or revoked driver’s license, or driving in violation of a restricted driver’s license is serious.  There are countless circumstances when your Virginia privilege to drive a motor vehicle may become suspended or revoked, and in some cases you may not know until pulled over by the police. If you have been arrested or ticketed with driving on a suspended or revoked driver’s license, or driving without a valid driver’s license, or driving after having been declared a Habitual Offender, then you need an experienced Virginia Suspended Driver’s License Attorney to present your best defense.

In Virginia, these traffic violations are classified as a criminal offenses and may be punished as follows:

• Incarceration
• Excessive fines
• Further loss of driving privileges
• Vehicle impound in some instances

Virginia Suspended License Va. Code 18.2-272 REDUCED No Jail

Riley & Wells Attorneys-At-Law represented a client who was alleged to have been driving in violation of a restricted driver’s license pursuant to Va. Code 18.2-272. The courts and the DMV take allegations like this very seriously. A conviction will typically lead to a jail sentence and loss of driving privileges for 12 months. In this case, our attorneys were able to find a weakness in the prosecution’s case and were also able to present favorable mitigating evidence on behalf of the client to convince the Judge to significantly reduce the allegation without a jail sentence, without loss of driving privileges and with only a minor fine being imposed. The client was relieved to avoid a jail sentence and to avoid any further loss of driving privileges.

Suspended Driver’s License 10th Offense REDUCED No Jail

Suspended Driver’s License 10th Offense REDUCED

Riley & Wells Attorneys-At-Law represented a client in the Hanover County General District Court with an allegation of driving on a suspended driver’s license with 9 prior convictions for driving on a suspended or revoked driver’s license. The client was not only facing a mandatory minimum 10 day jail sentence, but was seriously facing a sentence of several months in jail. Virginia Judges and prosecutors take habitual offender cases such as these extremely serious. The case involved driving a vehicle with a vehicle registration problem in a vehicle that did not belong to our client. There was no evidence of bad or dangerous driving. There was no evidence of alcohol or drugs or impairment of any kind and our client was very cooperative with the Deputy Sheriff. We possessed evidence that we presented to the Court regarding an issue our client was having with his driving privileges. We made various arguments and prevailed by convincing the court and prosecution to find our client not guilty of driving on a suspended driver’s license for the 10th time and to not impose a jail sentence of several months, but rather to find our client in violation of driving after failing to provide the necessary financial responsibility to the DMV with only a $150 fine.

Reasons for Suspension or Revocation of your Virginia driving privileges

Your driver’s license may be suspended or revoked for either alcohol convictions, other driving related offenses, certain criminal convictions, or other reasons.

Your driver’s license may be suspended or revoked for:

• certain alcohol offenses, including driving while intoxicated.
• reckless driving or aggressive driving, and
• providing false information in an application for a license or permit. (Va. Code § 46.2-391, § 46.2-392, § 46.2-318.)

A driver’s license may be suspended or revoked if you are convicted of certain crimes, including:

• voluntary or involuntary manslaughter, if a vehicle was used
• a felony relating to motor vehicle laws, or any other felony if a vehicle was used
• failing to stop if you are involved in an accident that kills or injures someone
• certain conduct punishable as involuntary manslaughter that results from driving while intoxicated, and
• theft or unauthorized use of a motor vehicle. (Va. Code § 46.2-389(A), § 46.2-390.)

It may also be suspended or revoked for other reasons, including if you:

• are more than 90 days delinquent in child support payments
• fail or refuse to pay certain fines, court costs, restitution or other penalties
• refuse or fail to pay certain taxes owed to Virginia, and
• are incompetent to drive because of mental illness, alcoholism or other conditions. (Va. Code § 46.2-320(B), § 46.2-395(A), § 46.2-399, § 46.2-400.)

Your driver’s license may be suspended or revoked in other circumstances as well, such as a Habitual Offender determination or adjudication.

Reinstating your Virginia driving privileges

The length of your suspension or revocation may depend on the reason for the suspension or revocation and other factors. Before your license may be reinstated, you may have to pay a reinstatement fee, pay other fees, or fulfill other conditions. Your reinstatement fee may be $30 in some circumstances. (Va. Code § 46.2-411(C).) In some circumstances, including suspensions or revocations relating to certain alcohol offenses, you may have to pay an additional $30 fee. (Va. Code § 46.2-411(C).)

In addition to the reinstatement fee, you may be required to pay an additional $40 fee. (Va. Code § 46.2-411(F).) In some cases an additional $5 fee may also apply. (Va. Code § 46.2-411(G).) You may not have to pay a reinstatement fee in certain cases if your license was suspended or revoked because you were in competent to drive for certain reasons. (Va. Code § 46.2-411(D).) In certain circumstances, you may be required to show proof of insurance before your license will be reinstated. (Va. Code § 46.2-411(B).) In the most serious of cases, you may have to Petition the Court to have your driving privileges reinstated, which is often the case with felony DUI convictions or Habitual Offender adjudications.

We will pursue every possible strategy to protect your freedom, your driving privileges and your driving record. This can only be realistically accomplished with the assistance of a skilled Virginia Revoked Driver’s License Lawyer. Sometimes there is insufficient evidence to demonstrate a violation either due to a change of address, not being present in court, an administrative mistake, or due to other circumstances. In some cases, the best option may be to plea bargain your case with the Court and/or the Commonwealth’s Attorney to achieve the most favorable result. Do not lose an opportunity to defend yourself.

Contact us today for a free evaluation of YOUR case!

By Mitch Wells 11/10/2015 | Updated 4/29/2018