I had a dwi last year and I just got catch driving on a revoke license along with a ticket for not having a driver license in May. Going to court next month for the tickects and was curious of how ya'll feel about my situation. I already have my license back and it was the only issue I had while on probation at the time.
I have done 60hrs of community service, take two classes one on Reckless Driving and another on driver improvement. I have a new license as well.
Hi, thanks for your inquiry! I have been practicing Traffic law for 17+ years and have specific experience with issues like yours. That being said...What state did this occur in?
Good morning. What Va code sections were you cited for violating?
law section 18.2-272 and 82-1-6 (46.2-300)
Thanks for the fast reply. 18.2-272 is a class 1 misdemeanor. As such, it is punishable by up to 12 months in jail and/or a $2500 fine. Another issue with this code section is that it requires a one year license suspension by DMV if you are convicted and it is your first offense. This is mandated by the reference to Va Code 46.2-389. If you have more than one conviction for violating this code section, then the license revocation period will increase. Since you have your license back, you should possibly hire a local attorney or at least try to speak with the officer ahead of time to see if he would cut you some slack since you have your license back. If convicted, you would basically lose the license you just got back.
Also, did you have a restricted license? If so, did you make any statements to the officer about where you were going?
As it relates to 46.2-300, there is no mandatory suspension with this code section. Typically, you are looking at a fine if there are no egregious circumstances surrounding your stop because you do have your license back. Also, if you have had recent prior convictions under this statute or 46.2-301 (driving on a suspended license), the court may impose an active sentence.
Hope this helps!
Well this is my first time having a probation violation but also when I had my DWI on the paperwork it said I was on restricted with a interlock. But when I was pull over I had no interlock in the car. I was curious of what you may consider in other to get the case thrown out of the card since I do have a license now. And I willing be going to my hearing for it next month. I am trying to figure out a way of beating the case. Because these where the only two mistakes I have ever made in my life.
There has been some change in the laws in Virginia about when interlock is needed. From the information above, I am assuming the officer did not cite you for not having the interlock.
Since you have your license and have pretty much complied with the court order, your attorney should be able to get the 18.2-272 charge nolle prosequi by the Commonwealth Attorney. Basically, it means that the Commonwealth would not pursue the charge. You may have to accept responsibility for driving on revoked but you should not be looking at any jail time or license suspension.
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