Immigration Effects of VA Code § 46.2-300 - Driving Without a Valid License

Driving without a valid license is extremely common in Virginia. Illegal immigrants and drivers from out-of-state are the two most common offenders. This law affects illegal immigrants because Virginia does not issue driver's licenses to undocumented aliens. Because of this issue, it is not uncommon to meet illegal immigrants with half a dozen convictions on their record. Some judges have strong notions of how to deal with undocumented aliens who are charged with this crime. Undocumented aliens should talk to an experienced local traffic attorney if they are charged with VA Code 46.2-300.

Failing to Get a Virginia License Is Driving Without A Valid License

Virginia law says that out-of-state licenses are only valid in Virginia for 60 days after a person becomes a resident of Virginia. If you have been a resident of Virginia for more than 60 days and drive without getting a Virginia license, you can be charged with Driving Without a Valid License.

In order to for this law to apply, a driver must have been a resident of Virginia for more than 60 days. Being a resident is not the same as living in Virginia. Contact a local traffic attorney to determine if or when you became a resident of Virginia.

No Conviction for VA Code § 46.2-300 for Just Being Behind The Wheel.

To be found guilty of Driving Without a Valid License, a driver must be driving a motor vehicle on a highway in Virginia without a valid operator's license. Driving under this statute is the same as Driving with a Suspended License under 46.2-301. Driving typically means to put a vehicle in motion. If the vehicle was not in motion, a traffic attorney may be able to argue that there was no driving.

Can I Drive A Moped Without A Valid Driver's License?

There is no explicit moped exception to Driving Without a Valid License. However, a person may drive a moped in Virginia without a license if they comply with the rules of VA Code § 46.2-914 and the moped is actually a moped as defined under VA Code § 46.2-100.

Fines, Jail, Suspension, Points, and Penalties

Driving Without a Valid License under VA Code § 46.2-300 is a Class 2 misdemeanor punishable by up to six months in jail, a $1000 fine, and a 90-day license suspension. A second violation is a Class 1 misdemeanor punishable by 12 months in jail, $2,500 in fines, and a 90-day license suspension. Driving Without a Valid License also carries three DMV demerit points and stays on your DMV record for three years (though it stays on your criminal record permanently).