Facing charges of driving on a suspended or revoked license? If so the following is information you should know including what this charge means, how long your license may be suspended, and what kind of factors can be used to build a defense. To discuss your case with a Prince William County traffic lawyer call and schedule a consultation today.
Under Virginia law, no person whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked may drive a motor vehicle or any self-propelled machinery or equipment on a highway or they are guilty of a class 1 misdemeanor.
Furthermore, a third or subsequent violation of that section of law within a ten-year period includes a mandatory minimum of 10 days in jail and at least a 90 day license suspension. If accused of this charge you will have to go to court as it is a misdemeanor, not simply a traffic infraction, and is therefore treated very seriously by law enforcement officers and courts in Virginia.
Now, how a prosecutor handles the case against someone and the seriousness of the case depends on a number of factors. Aggravating factors include if a person’s license is suspended because of serious traffic infraction such as a DUI or hit and run. Mitigating factors can include if the suspension is simply because the person has received an administrative suspension from DMV because of a failure to pay their costs and fines.
The way to defend a driving on a suspended or revoked license case is to determine whether all of the elements which have to be proved by the prosecution have been established. One of the most common ways a driving on suspended charge is defended is by challenging whether the accused received notice that they were suspended.
So for example, if a person received an administrative suspension from DMV and the notice letter was sent to an old address, that notice cannot form the basis of for notice of suspension on a driving on suspended charge. A person has to have received notice that they were suspended and then drive in spite of that in order to be convicted under the statute.
It’s important to contact a driving on a suspended license lawyer in Prince William County for these types cases because they are cases that frequently will involve active jail time for a conviction. They almost invariably involve additional license suspension on conviction as well as significant fines. An experienced lawyer will know how to mount the best defense, know the most common defenses, know the tactics used by the prosecution, and can give an individual the best opportunity have their charges be reduced or be dismissed.
These are charges that have significant long term implication because of the length of suspension that can occur as well as the insurance consequences, so it is in the best interest of those accused to hire legal representation as soon as possible.
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