Driving on a revoked license is one of the most serious license offenses in Virginia. To be guilty of Driving on a Revoked Licensed under 18.2-272 a driver must:
A person can be guilty of driving on a revoked license even if they are not driving. Operating a vehicle is enough to violate this law. In Virginia, operating a vehicle means to control it or engage its mechanisms. Being behind the wheel of an idling car is enough. Having the key in the ignition may even be enough. If there is any question as to whether you were operating a vehicle under this statute, contact a local traffic attorney immediately.
Under 18.2-272, there is no clear exception for mopeds. Any motor vehicle is covered under this statute, so any self-propelled vehicle could get you arrested for driving on a revoked license. If you have any question as to whether the vehicle you were operating is covered under this statute, contact one of our traffic attorney to discuss your case.
To be found guilty of Driving on a Revoked License, a driver must have driven after losing his license for DUI or refusal to submit to a blood or breath test. Driving while on administrative suspension can also be a violation of Va. Code 18.2-272. Administrative suspension is the period of time when a driver who has been arrested but not yet convicted of DUI is prohibited from driving prior to trial.
Drivers who received a restricted license after being convicted of DUI may be charged with Driving on a Revoked License if they drive outside the terms of their restricted license or if they drive while having a Blood Alcohol Content (BAC) of .02 or more.
Driving on a Revoked License is more serious than most other forms of Driving on a Suspended License because license suspension is mandatory and lasts an entire year. A driver who is convicted of Driving on a Revoked License cannot have a restricted license during the one-year period.
Driving on a revoked license is a Class 1 misdemeanor with up to 12 months of jail time. Being convicted of Driving on a Revoked License three times or more within the last ten years is a felony with up to five years in prison. Driving on a Revoked License also carries six DMV demerit points and remains on your DMV record for eleven years (though it remains on your criminal record permanently).
Nichols & Green, PLLC
10521 Judical Drive
Suite 100
Fairfax, Virginia 22030
Phone: 703-383-9222
Toll free: 800-557-7174
Fax: 703-383-9220
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