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Driving under a suspended license

Driving under a suspended license is illegal in the state of Virginia. Such persons shall not drive a motor vehicle or any self-propelled machinery on any public highway in the Commonwealth, until the period of the suspension has terminated.

If, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle. In fact, the court will order the impoundment or immobilization of a motor vehicle owned solely by the offender. This act takes place at the at the time of arrest. In addition, all costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender. The offender must pay these charges prior to the release of his or her motor vehicle.

The most frequent issue that arises in cases such as this, is whether the accused had notice that his or her license was suspended.  “Where the evidence does not show that the accused knew his license had been suspended, his conviction must be reversed.”  Bibb Commonwealth, 212 Va. 249 (1971).

Driving under a suspended/revoked license is punishable by up to one year in jail. A $2,500 fine, and up to a 90 day loss of license may be applied. 

VIRGINIA CODE:

http://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-301/

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