Legal Question in Criminal Law in Virginia

driving on suspended in virginia

got pulled over for speeding and was

given a ticket for driving on

suspended. was not given a ticket for

the speeding. does the cop have to

prove i was speeding to establish

probable cause to pull me over and

convict for the suspended licence and

if he can't can i get the suspended

charge dissmissed even though it is

actually suspended?


Asked on 12/03/08, 1:06 am

2 Answers from Attorneys

James Bullard James A. Bullard, Jr., P.C.

Re: driving on suspended in virginia

The cop only has to show that he had a basis to believe you were speeding. If he can't do that then the driving on suspended should be dismissed.

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Answered on 12/03/08, 6:11 am
Jonathon Moseley Moseley & Associates Law Firm

Re: driving on suspended in virginia

YES, he has to have probable cause to pull you over. But that is not the same thing as writing you a ticket for speeding. He can reasonably believe you were speeding, and then choose not to write you a ticket for it. It is also possible that he ran your plates and saw you were suspended and just made up an excuse to stop you. So he might not even believe you were speeding.

But your real question is how can you get past it successfully. The big question is WHY it was suspended. E.g., for a previous DWI or for non-payment of a traffic ticket. Etc.

There are some ways to possibly defeat this, based upon some investigation. A criminal record can be very serious for a very long time (11 years on your license plus 6 points on your license plus having to report it forever). I would recommend consulting with an attorney and be prepared to fight this very seriously.

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Answered on 12/03/08, 3:31 pm


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