The portion of Virginia Code that applies to one who has been accused of operating a motor vehicle after the privilege has been lost is § 46.2-301. Consult your Virginia Beach Criminal & Traffic Lawyer to discuss the specifics of your case. Habitual offenders within a specific time frame MAY face time in jail/confinement.
When Does the Law Apply?
First, it is important to understand that the law applies to persons who have lost the privilege to drive in any one of four circumstances:
(3) Court Order; and/or
(4) By operation of law or order from one of four entities (below)
The entities that may give such an order includes the following:
(1) The Commissioner of the Department of Motor Vehicles (DMV);
(2) The State Corporation Commission;
(3) The Commonwealth Transportation Commissioner; and/or
(4) The Superintendent of State Police.
How is the Law Violated?
There are two primary elements that must be present for a violation of this law to stand. Your Virginia Beach Criminal and Traffic Lawyer can help assess your case:
First, the accused must be found to have operated a “motor vehicle or any self-propelled machinery or equipment.”
Second, the operation must have occurred on a highway. (Please note, that “highway” does not refer to solely interstate highways. Perhaps a better way to think of the term “highway” in this context is “public roadway.”)
Do Any Exceptions Apply?
Yes. Consult your Virginia Beach Traffic and Criminal Law Attorney for specifics as they may relate to your case. Mopeds, and in certain cases, farm tractors, may be exceptions to this statute.
How Can My Virginia Beach Criminal & Traffic Lawyer Help?
The prosecution must prove that the person who is accused knew his or her license had previously been revoked or suspended. Your lawyer can assist you in deciphering whether the accused legally “knew” of the suspension or revocation.
What are the Consequences of Violating this Law?
Violation of this law equates to a class 1 misdemeanor. Each subsequent offense is treated the same, but there MAY BE A MANDATORY period of CONFINEMENT for a third violation! An important exception exists that will allow an accused person to obtain a suspended sentence if the situation involved an emergency to save life or limb.
Discussing the details of your case with your Virginia Beach Traffic and Criminal Lawyer is an important step in ensuring that your driving record and liberty both remain intact if possible.
1. Hereinafter referred to as “The law” for purposes of this article only
2. VA Code § 46.2-301.B.