Legal Question in Criminal Law in Virginia

Driving on a suspended or revoked license

I was pulled over for running a red light and I informed the officer that my license was restricted and I did not have my restricted paper with me. Come to find out the paper was expired I did not know it was

my question is what are my chances of goeing to jail for this

Asked on 8/21/01, 12:36 pm

2 Answers from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Driving on a suspended or revoked license

I would say you have a fair to middlin' chance of going to jail, depending on what it was you were suspended for.

If it were for DUI, I'd say you have better than a fair to middlin' chance.

It would be an awfully good idea for you to talk to a lawyer before the court date-immediately, if not sooner.

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Answered on 8/24/01, 10:49 pm

Joseph McGrath Joseph McGrath, Attorney at Law

Re: Driving on a suspended or revoked license

Generally, I would not think you would go to jail for driving on an expired restricted license. Most restricted licenses are either for 1. DUI, 2. reckless driving, 3. drug convictions. They usually expire at the end of the suspension period. Then you have to apply to DMV for restoration. That includes payment of a reinstatment fee. If fines are due, they must be paid as well. I always advise my clients to have their license reinstated prior to trial. If that's all you have to do, then depending on the circumstances, it may be that only a fine would be imposed. However, I strongly suggest that you obtain a lawyer or request a court appointed counsel as driving on a suspended license is an offense which can carry jail time. Espicially if you have a bad driving record. (ie; prior convictions for driving on suspended license)

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Answered on 8/21/01, 3:21 pm

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