Driving on a Suspended License in Virginia

Driving on a Suspended License (Va Code § 46.2-301)

Driving on a Suspended License is the most common license offense in Virginia. It is also one of the most common criminal offenses in Virginia. In Fairfax County alone, approximately 30 people a day are charged with this crime.

What is Driving on a Suspended License?

To be guilty of Driving on a Suspended License you must:

• Drive a motor vehicle or self-propelled machinery on a highway in Virginia; and
• Have already received notice that your license was revoked, suspended, or forbidden.

Can I Be Charged for Driving a Parked Car on a Suspended License?

In Virginia “driving” is a term defined by case law to mean “putting something in motion”. Thus in order to be guilty of 46.2-301, it can be argued that a person needs to have actually put the vehicle in motion. If you were charged with driving on a suspended license and you believe that you were not actually driving, contact a local traffic attorney immediately to discuss your case.

Can I Drive a Moped in Virginia If My License is Suspended?

"Motor vehicle" is a term defined in Virginia code that means any self-propelled vehicle except for bicycles, electric wheelchairs, power assist bicycles, and mopeds. Mopeds are vehicles that have three wheels or less, a seat no less than 24 inches from the ground, and less than 50 cc of engine displacement.

Can I Drive in Parking Lots in Virginia If My License is Suspended?

In Virginia, highways are any public road surface including toll roads and some types of parking lots which are traveled by the public. Highways may also include roads inside private residential neighborhoods (e.g. trailer parks and gated communities). If you were charged with driving on a suspended license and you believe that you were not actually driving on a public highway, contact a local traffic attorney immediately to discuss your case.

Can I be Charged with Driving on A Suspended License If I Don’t Have A License?

Drivers may be charged with driving on a suspended license even if they never received a driver's license. If the court or the DMV "suspended or revoked" your license it does not matter whether you ever had one to begin with. It still counts.

What If I Did not Know I My License Was Suspended?

You must have been given notice of your license suspension to be convicted of driving on a suspended license. If you were charged with driving on a suspended license and did not receive notification of the suspension, contact a local traffic attorney immediately to discuss your case.

Penalties for Driving on a Suspended License (Va. Code 46.2-301)

Driving on a Suspended License is a Class 1 misdemeanor. It carries up to 12 months in jail and a $2500 fine. In addition, the court shall double the driver’s previous suspension (or suspend the driver’s license up to 90 days if the suspension was indefinite).

Mandatory Jail Time for Driving on a Suspended License in Virginia

For a third Driving on a Suspended License offense, there is mandatory jail time of at least ten days.

Va. Code 46.2-301: Driving on A Suspended License Carries 6 DMV Demerit Points

Driving on a Suspended license also carries six DMV demerit points and stays on one’s DMV record for eleven years (though remains on one’s criminal record permanently).