Defense for Driving on a Virginia Suspended License
Driving with a suspended license is a criminal charge that can also serve as an aggravating charge to other traffic charges you may already face. Even if you have a valid reason for driving despite not having a license, it can be difficult to make your case alone, which is where a lawyer can help. If you have been charged with driving on a suspended license, contact a seasoned driving while suspended attorney. A qualified lawyer can work to build a solid defense for your charge and ensure that you know what to expect at each step of the legal process.
Building a Defense
There are a few things, that can help someone build a defense for driving on a Virginia suspended license. One is the failure to pay court costs and fines. An example would be a situation where the Clerk does not send a letter to the person or the person has moved, or for some other reason, they did not get their notice. Lack of Notice is a defense because a person has to know that somebody is pursuing them for a certain amount of money and that he should pay that. If that is not done, then a person cannot be convicted of that.
The second one really hinges on previous convictions. A suspension could follow certain convictions. Does this conviction lead to a suspension? This arises in convictions that come from different states. Because of the Full Faith and Credit Clause, Virginia does have to honor other state’s convictions. However, what happens a lot of time is that the elements of the charge from one state to another are very different. What is called a DUI in North Carolina, for instance, is not a DUI in Virginia.
At that point, a look at the elements of each conviction would determine that they were convicted of a DUI in North Carolina but those are not the same elements in Virginia, which makes it a totally different creature and no suspension should come from it. Those are two strong defenses.
Getting a License Back
First, if a person’s license is suspended administratively after seven days or a month, the person could just pick up their license from the Clerk’s Office in the jurisdiction where they got the ticket or they can call the Clerk’s Office and they would mail it out to them.
The second way, for a one-year license suspension after a conviction, at the end of that time period, the person would have to present a Certificate of Completion for the Alcohol Safety and Education Program and pay the statutory reinstatement fee in order to get their license back. There could be an Ignition Interlock Device required to be added to their vehicle. This is required in certain convictions in order to get their driver’s license back,
Protecting Driving Privileges
If a person gets a ticket, they need to know their options. They can either pay the ticket (if it is allowable) or they need to know what the court date is. For instance, with reckless driving cases for certain speeds, the ticket would not be payable and there could be an arraignment. The person has to show up before the trial date for an arraignment. These dates are to be taken seriously.
People need read any letters they receive from the Clerk’s Office with any fines and be proactive about it. If they have gotten several tickets in a relatively short period of time, they should check how many points are on their driving record. They do not want to fall into the suspension category, have to take a driving course, and be placed on probation. Staying proactive and consulting a lawyer as soon as they receive a ticket so they know what their options are would be a good plan of action to take. A traffic lawyer can alsp help them craft a strong defense for driving on a Virginia suspended license.
Importance of an Attorney
Driving convictions can have long-term implications for your driving record, your license, and your finances. There are fees that have to be paid, there are insurance implications, and all of those make it a very serious charge should a person be convicted. It is especially serious to be facing a conviction for driving while suspended. Contacting a lawyer is crucial to crafting your defense for driving on a Virginia suspended license. A competent traffic attorney can review the facts of the case, to determine any defenses that can be asserted, any mitigation that could assist the person before the court date and pursue the best possible outcome for you.