Legal Question in Traffic Law in Virginia

State of Virginia (Fairfax County).

I was pulled over today and got a ticket for driving without a license. (I only had a learners permit and had not gone yet to take the road test.) I was not arrested, and my car was not towed, and my driving permit was not confiscated. The officer allowed me to have my sister come & pick up my car.

What am I facing? I am worried that the court will not look so kindly on me as I had a DUI in '05, but have since paid all of my fines & did everything I needed to do to reinstate my driving privileges (short of the very important part of taking the road test).

I would also like to know if the court date on my ticket is an arraignment or an actual sentencing date, and if I will be allowed a court appointed lawyer for this case.

Thank you for your time!


Asked on 4/16/10, 3:51 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The first NVOL (No Valid Operator's License) conviction is considered as a Class 2 misdemeanor (6 mos. possible jail, $1000 fine, either or both); the second conviction is a Class 1 misdemeanor--up to 12 mos. jail, $2500 fine, either or both. If the Court were to impose any jail time for you as a first time NVOL offender(due, perhaps, to your previous DUI conviction), I'm confident that it would be suspended and you would probably be given a modest fine and then placed on unsupervised probation.

The date listed on your ticket for your scheduled hearing is the date when your

case is expected to be disposed of either through a plea of guilty or a trial and verdict (including any sentencing that may be required).

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Answered on 4/22/10, 6:38 am


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