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Penalties for Driving without a License in Virginia

In Virginia, no person, as a general rule, shall drive a motor vehicle on a highway without a valid license.  A first offense driving without a license is a Class 2 misdemeanor punishable by jail up to 6 months and a fine up to $1,000.  A second or later offense is a Class 1 misdemeanor punishable up to 1 year jail and a fine up to $2,500.  For any driving without a license offense, the court may suspend your privilege to drive for up to 90 days.

If your charge also involves an accident, localities may seek repayment of expenses incurred by responding law enforcement, firefighting, rescue and emergency services.  (See Virginia Code §15.2-1716.).

Although terms such as "driving", "motor vehicle", or "highway" appear simple and straight forward on their face, some execptions and ambiguities do exist and, depending upon your facts and circumstances, significant issues may arise.  Virginia law also exempts certain people.  If you are a nonresident, a new Virginia resident, a military service member or their spouse, you may have additional technical legal defenses. 

If you've been charged with driving without a license in Virginia, don't make the common mistake of trying to go it alone without an experienced Virginia criminal defense lawyer.  You need an aggressive and knowledgeable attorney who will fight for your rights and, where appropriate, negotiate a favorable outcome. Let us be your legal advocate.

If saving your driver's license, minimizing fines, and avoiding a jail sentence are important to you, call The Wilson Law Firm at 703-361-6100 or toll free at 1-888-384-5997 for a free, no obligation consultation.  

§ 46.2-300. Driving without license prohibited.

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.

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