Driving Without A License in Virginia

It is illegal in the Commonwealth of Virginia to drive a motor vehicle without a valid operator’s permit. There are three offenses for driving without a license: 1) operating a motor vehicle without a valid permit because one has never been issued or a previously issued license became expired or invalid; 2) the driver failed to carry his or her license while driving; or 3) the driver’s license became suspended or revoked.

First, pursuant to Virginia Code Section 46.2-300, no person is permitted to operate a motor vehicle in Virginia unless he or she has been issued a Virginia driver’s license and such permit is valid. There are exemptions; specifically, military personnel and their family members (46.2-306), out-of-state drivers with valid out-of-state driver’s licenses (46.2-307), and persons operating farm machinery (46.2-303). A first violation for driving without a valid license is punishable as a Class 2 misdemeanor and a second and subsequent violations are Class 1 misdemeanors. Further, a court may suspend the defendant’s driver’s license upon conviction for a period not to exceed 90 days.

Second, pursuant to Section 46.2-104, an operator of a motor vehicle must physically carry his or her driver’s permit while operating a motor vehicle in Virginia. A violation for operating a motor vehicle without a license in his or her possession is punishable by a fine of $10.00. If the defendant presents his or her valid driver’s license, then the charge must be dismissed upon payment of court costs.

Third, pursuant to 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. 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 without a valid driver’s license or driving while suspended or revoked in Alexandria, Arlington County, or Fairfax County, please contact Patel & Williams, PLLC today.