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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89624
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I got a ticket for driving without a drivers license in Hopewell,

Resolved Question:

I got a ticket for driving without a drivers license in Hopewell, VA 23860.
I am unable to get a license due to the fact that I do not have the proper required documentation. I call the court and they informed me that I must go to court for DRIVING WITHOUT A DRIVERS LICENSE. I live in CHARLESTON SC. They consider it a MISDEMEANOR.
I was reading the Virginia CODE Sec. 46-2-1300 and under the Miscellaneous Offenses it states that Failure to carry a license or registration carries a fine of $ 10.00 + the processing fee $ 62, under the statute 46.2-104 can be paid by mail, but when I called the court, telf. (NNN) NNN-NNNNthey stated that I must be present at the on 12/12/2013 at 9:30 AM Please clarify this for me. Thank you
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, if they wrote you for driving without a license, this is a bit different than not carrying a license and this is a mandatory court appearance as a misdemeanor. If you do have a license and it was current at the time you were stopped, then you have to actually appear in the court and show your valid license to the Commonwealth Attorney and they will reduce the charge to the violation from the misdemeanor, but you cannot do this by sending a copy of your license, you have to physically appear in court and you have to show your license.

VA court rules on these traffic cases are overly tough, but they will not budge. A personal appearance is required and either you make a personal appearance or you have to pay a local attorney to make a personal appearance with a certified copy of your driver's license record from SC to prove you had a current license at the time and simply did not have it on your person to get the Commonwealth Attorney to reduce the charge. This is because the charge you have now is a misdemeanor criminal offense and carries a possible jail sentence, unlike a violation that is only a fine.




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Customer: replied 11 months ago.


Do you know of an Attorney in Hopewell Virginia that I can call to represent me there?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response. I am afraid the site rules and laws forbid any expert on this site from making personal referrals, the only thing we are allowed to do is refer you to the same sites used by other attorneys to find a local attorney, http://www.martindale.com or http://www.hg.org

The attorney is going to need to negotiate this with the Commonwealth Attorney and if you can get the attorney a certified copy of your driving license record from SC proving the license that should be sufficient to avoid the court appearance, but if not then you will eventually have to make a court appearance, even though the attorney can get your appearance waived for the first appearance and enter a not guilty plea for you.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89624
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 8 other Criminal Law Specialists are ready to help you

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