Legal Question in Traffic Law in Virginia

If you arent ticketed for driving without a license at the time of an accident c

I have a younger member of my family who was driving alone with a learners permit and got into a very small fender bender with almost no damage at all. The police officer who came to the scene only ticketed her for following too closely. She paid the ticket and went on about her life. Can she get in trouble if the dmv or someone else finds out that she was driving without a license even though she wasnt ticketed for it at the time?


Asked on 6/18/05, 9:50 am

2 Answers from Attorneys

Sudeep Bose Bose Law Firm, PLLC - Former Police, Prosecutors & Investigators

Re: If you arent ticketed for driving without a license at the time of an accide

Yes.

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Answered on 6/18/05, 11:09 am
Jonathon Moseley Jonathon A. Moseley

Re: If you arent ticketed for driving without a license at the time of an accide

Although it is theoretically possible, it is

extremely unlikely, to the point of being an

almost zero chance. The reason is that tickets

are usually based upon the Sheriff's deputy or

police officer witnessing the traffic violation.

So if the police officer did not write it up,

no one later is going to bring a charge that they

did not personally witness. I suppose they

could. But as a matter of practice, they won't.

For example, on Friday I witnessed a car throw

a coke can at a van full of women and give them

the finger. I called the Sheriff's office and

they said that because no Deputy witnessed it,

they could not do anything about it, even though

I had the license plate number.

Now, when your family member goes to get a

permanent driver's license, it might look odd

that there is a ticket already on his license

and record (if they bother to pull the record,

which they probably won't do). However, they

will have no way of knowing whether or not

he was driving alone or with someone in the

car, since there was no charge about that.

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Answered on 6/19/05, 12:17 pm


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