Driving on a Suspended or Revoked Driver’s License in Virginia

Pursuant to Virginia Code Section 46.2-301(B), it is illegal for a person to drive a motor vehicle in the Commonwealth of Virginia while his or her privilege to do so has been suspended or revoked. There are three elements the Commonwealth must prove to establish this offense: 1) the defendant must be driving a motor vehicle; 2) the defendant’s driver’s license must be suspended or revoked; and 3) the defendant must know that his or her driver’s license has been suspended or revoked. Typically, the third element is the most difficult for the Commonwealth to prove because there is only a rebuttable presumption of notice upon notification to the defendant by mail.

A violation for driving on a suspended license is a Class 1 misdemeanor; however, a third or subsequent offense occurring within a 10-year period will result in a mandatory minimum 10-day confinement in jail. Additionally, upon conviction, the statute requires a license suspension for as long as the defendant’s license was originally suspended. If the defendant’s license was indefinitely suspended, then the suspension period is for an additional period not to exceed 90 days.

If you have been charged with driving while suspended or revoked in Alexandria, Arlington County, or Fairfax County, please contact Patel & Williams, PLLC today.