Legal Question in Traffic Law in Virginia

Expired licence info

I am a 20 year old college student with no tickets other than a speeding ticket that got changed to dysfunctional equipment from when I was 16. I was leaving campus the other day and I got pulled over by a campus police officer for suspicion of not wearing my seat belt and no front tags. We discussed everything and no violations for those two. At the time I had an expired license for only like 7 days. I thought it was coming in the mail from the DMV but he said it wasn’t in the computer. Charged me with driving without a license and made me park my car. I went to the DMV and got it renewed. So should I fight it in court or get lawyer? What kind of fines should I be prepared to pay? Its Montgomery county VA at VA Tech.


Asked on 2/09/06, 6:55 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Expired licence info

If you essentially HAD a license, but had simply not received if physically, then you can easily show up and just show it to the prosecutor and they will probably drop the charge.

If you did not actually have a license, it might be harder.

If you had applied for a license and it was just in the works, either the prosecutor or the judge will probably cut you some slack.

However, if you really had not applied yet for

a license at all, they may be much harder on you.

I think, from memory, that the penalties can

be quite serious, including having your license

suspended. I believe you should take the time

to show up and do the best you can to minimize

the consequences.

First, I would seek out the prosecutor before

court starts (get there early) and explain that

your license was coming in the mail and you

just lost track of it, knowing it was coming in

the mail. (Or whatever you can truthfully say.)

Second, emphasize that you honestly thought you

had a license issued but it was on its way.

Where people do get into trouble is if they

plead guilty and then give the judge nothing to

work with to reduce the sentence.

I would NOT plead guilty, except to something

lesser. If they are not going to drop it or

give you a lesser charge, then make them prove it. Plead NOT guilty.

ALSO, you should go to the DMV immediately and

get a hard copy of your driving record. Memories

are imperfect. If indeed your last ticket was

4 years ago, and that is your only ticket,

you may have a very good record. +5 is perfect.

That will make a huge difference in how they

treat you.

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Answered on 2/09/06, 10:00 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Expired licence info

The offense with which you've apparently been charged is found at 46.2-300 of the Virgina Traffic Code, and is known colloquially in prosecutor's parlance as NVOL(No Valid Operator's License)and classified as a Class 2 misdemeanor.

This is a crime, not merely a traffic infraction

and carries a possible penalty of up six months of incarceration and fine of up to $1000, either or both. Consequently, you should have an attorney representing you in this matter. If you cannot afford to hire such on your own, you should request that the court with jurisdiction over the case appoint one for you.

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Answered on 2/09/06, 10:30 pm


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