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JD
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Experience:  Over 11 years in practice as a litigator ... civil and criminal
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My daughter got stopped when police were randomly checking

Resolved Question:

My daughter got stopped when police were randomly checking drivers license. She was issued a summons to appear in court. In the Law Section of the summons is 128(46.2.301).

Describe charge: Driving on revoked/suspended O.L.

What does this mean, and should she go and try to clear this up , or consult a lawyer? I am not sure what to do. Please advise. Her court date is May 15th.
Submitted: 7 years ago.
Category: Legal
Expert:  JD replied 7 years ago.

I assume this was in Virginia. Since driving on a revoked or suspended license carries class 1 misdemeanor sentencing according to code section 46.2.301, she could potentially face up to 12 months incarceration, probation, and/or a $2500 fine (Virginia Code 18.2-11).

 

She could also face a longer driver's license suspension or revocation.

 

It is important that this traffic stop and her revocation status be evaluated by a competent criminal defense attorney in your area. Her case may have defenses that could prevent or reduce these potential consequences. Therefore, it would be wise to have her case evaluated by an attorney before the court date.

 

Please reply if I can help further.

 

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Expert:  JD replied 7 years ago.
I am also going to supplement this post with the code section to help you understand the charge itself. Basically it means you operate a motor vehicle while you are on a suspension or revocation status. You can attain this status in many ways... but she should have notice of this. Please stand by for the code section...
Expert:  JD replied 7 years ago.
46.2-301. Driving while license, permit, or privilege to drive suspended or revoked.

 

A. In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of ? 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver's license, learner's permit, or privilege to drive a motor vehicle has been suspended or revoked for (i) a violation of ?? 18.2-36.1, 18.2-51.4, 18.2-266 or ? 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person's license has been administratively suspended under the provisions of ? 46.2-391.2. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.

 

B. Except as provided in ?? 46.2-304 and 46.2-357, no resident or nonresident (i) whose driver's license, learner's permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated. A clerk's notice of suspension of license for failure to pay fines or costs given in accordance with ? 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction under this section. For the purposes of this section, the phrase "motor vehicle or any self-propelled machinery or equipment" shall not include mopeds.

 

C. A violation of subsection B is a Class 1 misdemeanor. A third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days. However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of this section in a situation of apparent extreme emergency which requires such operation to save life or limb.

 

D. Upon a violation of subsection B, the court shall suspend the person's license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked.

In the event the person violated subsection B by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the person's license, permit or privilege to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired.

 

E. Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of ? 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of ? 18.2-272.

 

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Please reply if I can help further.

 

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