Unlicensed Driving With a Suspended or Revoked License in Richmond
Unlicensed driving with a suspended or revoked license in Virginia is driving after being suspended for any number of reasons. Your privilege to drive in Virginia can be suspended or revoked for a drug conviction, for DUI, for reckless driving, if it is an aggravated case, and also for the accumulation of driving points.
If you are then caught driving on a suspended or revoked license you may face increased penalties and have your license suspended or revoked for even longer. For this reason, it is important that you contact a Richmond traffic lawyer as soon as possible if you are charged.
Is This Treated Different From Cases Where No License Was Issued Or In Possession?
Driving on a revoked license or a suspended license is actually treated much more severely than a simple unlicensed case.
This is because if you are suspended you are usually suspended for a reason, such as in DUI or a drug conviction. Additionally, what the prosecutors have to show for a driving on a suspended license case is that you received notice of the suspension.
So when operating on a suspended license it has to be shown that you have notice of either a DUI or the other charges that led to your license suspension or revocation, if it is proven that you did have notice, prosecutors tend to prosecute these types of cases vigorously.
In addition if there are prior offenses jail time can become minimum mandatory. If it is a third offense or more it comes with a minimum mandatory 10 days in jail. If it is a fourth offense, fifth offense then the jail will simply increase.
What Are The Elements For Driving While Suspended/Revoked In Richmond, Virginia?
The prosecution must prove that you were operating a motor vehicle in the City of Richmond, that you were operating this vehicle while you were suspended, and that you hand knowledge of this suspension.
What Are The Penalties?
Driving on suspended is a Class 1 misdemeanor. It carries up to 12 months in jail and up to $2500 fine and on a suspended charge up to 90 day loss of license in addition to what other license suspension you already have. For a first offense or a second offense the possibility of jail is there however it is not too common. However if it is a third offense it comes with at least 10 days of minimum mandatory jail time, which is the time that you have to serve. Then, as the offense escalates the jail time will escalate as well.
What Should I Expect From Driving While Suspended/Revoked Charges?
What you can expect from a driving while suspended or a revoked charge is greatly dependent on the circumstances of your case. If you are suspended as a result of a DUI or a drug conviction most judges and prosecutors will ask for an active jail sentence. If it is an issue where you were suspended for failure to pay costs and fines or as a result of any DMV issue, such as no insurance or as a rapid point accumulation, most courts won’t impose an active jail sentence for a first or second offense. In particular, getting reinstated is extremely helpful to your case however third or subsequent offense prosecutors will seek an active jail sentence of at least ten days.
If the offense stems from a traffic violation, it is in fact a criminal misdemeanor so it is handled in the traffic court. Prosecutors will get involved in driving while suspended cases in Richmond. They are actually quite lenient on a first or second offense however again as the offenses escalates they will ask for, and typically receive, active jail sentences on these cases.
