Legal Question in Traffic Law in Virginia

Driver's License

I moved to Virginia and failed to update my NY driver's license within 60 days as required by � 46.2-308. (I was unaware of this) The police officer gave me a ticket for not having a valid driver's license. Is this the correct charge for failing to update you license? I'm planning on going to court for this regardless since I was completely unaware of this requirement.


Asked on 6/18/09, 1:55 pm

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

Re: Driver's License

Va. Code Sec. 46.2-308 is entitled: "Temporary exemption for new resident licensed under laws of

another state; privately owened vehicle driver's license". This statute makes no reference to "updating" a driver's license from another state,

but rather confers a temporary exemption of 60 days on a new resident driver from another state from the requirement that s/he obtain a Virginia license.

Consequently, the charge is correct for one in your situation(in my opinion), and since ignorance of the law is no excuse, I would expect you to be convicted whenever you appear in court to answer for it.

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Answered on 6/18/09, 10:05 pm


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