Ned Michie
​Attorney at law
​

Experience Matters

Charged with

Driving Suspended

Driving Revoked

Driving w/o a license or

​Driving as Habitual Offender?

Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia
​
​​(434) 296-1198

Call

Personal Attention to Every Case

​Representing Central Virginia Clients 
​for Over 30 Years

I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

The outcome of all traffic cases
can be greatly affected by:

Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS 
(follow the link to learn more)

      Getting your license or getting driving privileges restored -- if you can -- before you go to court on a No OL or driving suspended type charge is always best, and can lead to a much better outcome.  Courts in Virginia are trying to be more and more sensitive to situations where people have had their licenses suspended for failing to pay fines. Courts are often willing to give the defendant a chance to get his or her license restored in exchange for a better-than-normal outcome.

Case involving suspended, revoked and restricted licenses are surprisingly complicated. 
​Having an experienced attorney can make a big difference. 

For example, proof that a defendant's
(1)   license was in fact suspended and
(2)  he/she was in fact driving a motor vehicle
      is ​NOT enough evidence alone for a conviction.

DRIVING SUSPENDED

 Va. Code ​§ 46.2-301 sets out the most common charge for driving on a suspended license.   It states in part as follows:   (follow link for full and most current version)
 . . .
​"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 or a restricted license is issued pursuant to subsection E. . . .

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." 
​
The law also requires the judge to suspend the defendant's diving privileges for an additional period of time upon a conviction. (The law was only recently amended to allow for the possibility of a restricted driver's license instead of a total loss of privileges upon a conviction.)

The statute provides that the defendant's motor vehicle can also be impounded under certain circumstances.  See also Va. Code § 46.2-301.1

Driving with No Operators License

     A person who does not have a license but drives anyway can get similar punishments if convicted to driving on a suspended license.  Specifically the code section states: 

"Va. Code ​§ 46.2-300  Driving without license prohibited; penalties.
No person, except those expressly exempted in §§ 46.2-303 through 46.2-308, shall drive any motor vehicle on any highway in the Commonwealth until such person has applied for a driver's license, as provided in this article, satisfactorily passed the examination required by § 46.2-325, and obtained a driver's license, nor unless the license is valid.

A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor.

Upon conviction under this section, the court may suspend the person's privilege to drive for a period not to exceed 90 days.

Code 1950, § 46-347; 1958, c. 541, § 46.1-349; 1968, c. 494; 1970, c. 347; 1984, c. 780; 1989, c. 727; 2005, c. 245; 2007, c. 532; 2008, c. 684."

        Be aware that a second or more offense of driving without a license can also lead to vehicle impoundment pursuant to Va. Code ​§ 46.2-301.1. 

DRIVING OUTSIDE OF DUI / DUID RESTRICTIONS

A violation of Va. Code § 18.2-272 is generally treated much more seriously by area courts than is a violation of the normal driving suspended statute described above, despite both violations being the same class of misdemeanor.
​
      Even on a first offense, a convicted defendant should normally expect to spend a significant number of days and nights in jail. Moreover, upon a conviction of even a first offense, the DMV will take all driving privileges from the defendant for one full year (Va. Code § 46.2-389) and vehicle impoundment can also result. See Va. Code § 46.2-301.1

     A defendant can be found guilty of a violation even if driving to a place allowed by his/her restriction, if he/she has even just a .02% BAC or if he/she is driving a vehicle without a required ignition interlock.
​
      A person who has been convicted of a second or third or more DUI offenses within 10 years can face even stiffer penalties for violating the terms of a license revocation or restrictions. See Va. Code  § 391 .  For such defendants, even a first offense of violating the restricted driving terms can potentially result in a mandatory one year in the penitentiary of jail if for instance the driving endangered ". . . the life limb or property of another . . ."   Id.  A second offense in violation of the statute also will normally be subject to the mandatory one year in the penitentiary or jail.

 
  Be aware that an offense of driving in violation of Va. Code § 18.2-272 can also lead to vehicle impoundment at the time of arrest pursuant to Va. Code ​§ 46.2-301.1, with potentially additional impoundment time after a conviction see Va. Code § 46.2-301(A).

DRIVING AFTER BEING DECLARED A HABITUAL OFFENDER

The good news  is that the law was changed more than a decade ago in such a way that drivers are no longer being declared "Habitual Offenders" when convictied of three or more "serious" offenses.

The bad news  is that a large number of people previously declared Habitual Offenders remain in that status until such time as they successfully petition to have their driving privileges restored (which I have done for many people).

Furthermore, those existing "Habitual Offenders" who are caught driving continue to be treated harshly. 

The statute in question states as follows: (Use link to ensure seeing latest version)

 "Va. Code § 46.2-357. Operation of motor vehicle or self-propelled machinery or equipment by habitual offender prohibited; penalty; enforcement of section.

A. It shall be unlawful for any person determined or adjudicated an habitual offender to drive any motor vehicle or self-propelled machinery or equipment on the highways of the Commonwealth while the revocation of the person's driving privilege remains in effect. However, the revocation determination shall not prohibit the person from operating any farm tractor on the highways when it is necessary to move the tractor from one tract of land used for agricultural purposes to another tract of land used for agricultural purposes, provided that the distance between the said tracts of land is no more than five miles.

B. Except as provided in subsection D, any person found to be an habitual offender under this article, who is thereafter convicted of driving a motor vehicle or self-propelled machinery or equipment in the Commonwealth while the revocation determination is in effect, shall be punished as follows:

1. If such driving does not of itself endanger the life, limb, or property of another, such person shall be guilty of a Class 1 misdemeanor punishable by a mandatory minimum term of confinement in jail of 10 days except in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended.

2. If such driving of itself endangers the life, limb, or property of another or takes place while such person is in violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266 or § 46.2-341.24, irrespective of whether the driving of itself endangers the life, limb or property of another and the person has been previously convicted of a violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266 or § 46.2-341.24, such person shall be guilty of a felony punishable by confinement in a state correctional facility for not less than one year nor more than five years, one year of which shall be a mandatory minimum term of confinement or, in the discretion of the jury or the court trying the case without a jury, by mandatory minimum confinement in jail for a period of 12 months. However, in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended. For the purposes of this section, an offense in violation of a valid local ordinance, or law of any other jurisdiction, which ordinance or law is substantially similar to any provision of law herein shall be considered an offense in violation of such provision of law.

3. If the offense of driving while a determination as an habitual offender is in effect is a second or subsequent such offense, such person shall be punished as provided in subdivision 2 of this subsection, irrespective of whether the offense, of itself, endangers the life, limb, or property of another.

C. For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle or self-propelled machinery or equipment while his license, permit, or privilege to drive is suspended or revoked or is charged with driving without a license, the court before hearing the charge shall determine whether the person has been determined an habitual offender and, by reason of this determination, is barred from driving a motor vehicle or self-propelled machinery or equipment on the highways in the Commonwealth. If the court determines the accused has been determined to be an habitual offender and finds there is probable cause that the alleged offense under this section is a felony, it shall certify the case to the circuit court of its jurisdiction for trial.
D. Notwithstanding the provisions of subdivisions 2 and 3 of subsection B, following conviction and prior to imposition of sentence with the consent of the defendant, the court may order the defendant to be evaluated for and to participate in the Boot Camp Incarceration Program pursuant to § 19.2-316.1, or the Detention Center Incarceration Program pursuant to § 19.2-316.2, or the Diversion Center Incarceration Program pursuant to § 19.2-316.3.
1968, c. 476, § 46.1-387.8; 1970, c. 507; 1980, c. 436; 1988, c. 559; 1989, c. 727; 1990, c. 828; 1993, c. 677; 1994, c. 50; 1995, c. 799; 1997, cc. 5, 344; 1998, c. 298; 1999, cc. 945, 987; 2000, cc. 956, 982; 2004, c. 461." 
​(emphasis added)

​
     Be aware that an offense of driving in as an habitual offender can also lead to vehicle impoundment at the time of arrest pursuant to Va. Code ​§ 46.2-301.1, with potentially additional impoundment time after a conviction see Va. Code § 46.2-301(A).

Allowing a Person to Drive a Vehicle
Who You Know Should Not be Driving

Be aware that code section ​Va. Code ​§ 46.2-301.1  states that:

"E. Any person who knowingly authorizes the operation of a motor vehicle by (i) a person he knows has had his driver's license, learner's permit or privilege to drive a motor vehicle suspended or revoked for any of the reasons set forth in subsection A or (ii) a person who he knows has no operator's license and who he knows has been previously convicted of driving a motor vehicle without an operator's license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be guilty of a Class 1 misdemeanor."