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Driving on a Suspended License

Charlottesville Criminal Lawyers

Driving Suspended is a criminal misdemeanor in Virginia and is therefore a serious traffic offense. Punishments for driving suspended can include probation, jail, and additional suspension of your license. If you have been charged with driving suspended, you should contact a knowledgeable attorney to discuss your case and determine your best course of action.

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(434) 972-9600

High Quality Representation

Our law firm has skilled attorneys who represent clients across Virginia. Our lawyers routinely practice in state and federal courts, both at trial, and on appeal to the Virginia Court of Appeals, the Virginia Supreme Court, and the Fourth Circuit Court of Appeals. Every lawyer at our law firm is a graduate of the University of Virginia and has distinguished himself or herself as a lawyer and as a member of the community. Each of our lawyers has been chosen to lead various state and local legal organizations. We are proud that our firm has been named a best law firm by U.S. News and World Report and received numerous other honors.

Suspended License


Driving suspended is a Class 1 misdemeanor, which means it is punishable by up to one year in jail and up to a fine of $2,500. In addition, a third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail.

In addition, upon conviction, the court shall extend the suspension of the driver’s license for the same period for the original suspension, and if the original suspension was indefinite, for up to an additional 90 days. This additional suspension will begin upon the expiration of the original suspension. Under certain circumstances, the Court may authorize DMV to issue a restricted license for the driver during his period of suspension. Based on the reason for the original suspension, the Court may in certain circumstances impound the vehicle that was being driven.

Driving Suspended Cases in Court

In Court, the Commonwealth (state) presents its side first, and will present evidence of the driving. The Commonwealth will also present evidence of how and why the driver’s license was suspended. This will usually be the DMV record, the officer’s testimony, and may also include additional evidence like statements from witnesses. The defendant who was charged will then have an opportunity to testify and present his evidence as to whether he was the driver and whether his license was suspended. The Court will rule at the end of the evidence, and typically does so immediately. If the driver is acquitted – found not guilty – then the he will receive no punishment. If he is convicted – found guilty — the defendant is usually sentenced immediately, after the Court has had a chance to review the defendant’s driving record.

In appropriate cases, Court may be willing to reduce or amend the charge. This can reduce the punishments or make it easier for the defendant to obtain a valid driver’s license.

Our Experience in Court

Our firm has more than 15 years of experience trying traffic cases. Our attorneys also frequently handle misdemeanors and felonies in state and federal courts, both at trial and at the appellate level.

Getting Your License Back

In addition to helping you in court, our attorneys can explain to you what steps you will need to take to get your license back so that you can drive legally in the future. This may involve paying old fines, going to DMV for a driver’s test, and paying a reinstatement fee.

Contact Us

If you are facing criminal allegations, we are prepared to stand up for your rights. Call us today at (434) 972-9600 or contact us online.

Please note that the use of our contact form does not create an att0rney-client relationship and therefore there is no attorney-client protection for the information you choose to submit to us.  As such, please do not submit any confidential or privileged information in the contact form.

We are located in Charlottesville, but our lawyers handle cases in Charlottesville, Albemarle County, Greene County, Fluvanna County, Louisa County, Nelson County, Madison County, Orange County, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.

Davidson & Kitzmann, PLC
211 E High St
Charlottesville, VA 22902

Phone:  (434) 972-9600
Fax:  (434) 220-0011

© 2020 Davidson & Kitzmann, PLC 

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