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Virginia License Crimes and Offenses

Driving Without Furnishing Proof of Financial Responsibility (VA Code § 46.2-302)

If a driver is ordered by the DMV to furnish proof of financial responsibility (usually insurance) and does not fully comply, he can be charged under VA Code § 46.2-301 or under this specific statute. Driving Without Furnishing Proof of Financial Responsibility under 46.2-302 is a Class 2 misdemeanor with up to six months in jail, a $1000 fine and a 90-day license suspension. Being convicted twice is a Class 1 misdemeanor with up to 12 months in jail, a 90-day license suspension and a $2500 fine.

Driving While A Habitual Offender (VA Code § 46.2-357)

Virginia courts used to be able to declare drivers "Habitual Offenders". Being declared a habitual offender meant severe restrictions on a driver's right to drive and enhanced punishments for many traffic violations. This law has since been revoked. However, those who were declared habitual offenders prior to the revocation of the law still live under those restrictions.

Driving While a Habitual Offender is almost exactly the same offense and punishment as Driving After Multiple DUI Convictions under VA Code § 46.2-391(D). If you happen to be one of the few and unlucky remaining habitual offenders and you are charged under this offense, consult an experienced traffic attorney immediately.

Possession of a Fake License (VA Code § 46.2-346)

Knowingly possessing, creating, or lending a fake, invalid, or suspended license with the intent to avoid being caught breaking traffic laws (including driving on a suspended license) is a special offense under VA Code § 46.2-346. Violating this law is a Class 2 misdemeanor punishable by up to six months in jail and a $1000 fine

Failure to Obtain a Virginia License (VA Code § 46.2-308)

Driving in Virginia with a valid out-of-state license after you've been a resident for 60 days is sometimes prosecuted as a traffic infraction punishable by a fine of up to $250. Consult with one of our attorneys to learn whether you qualify as a Virginia resident. This is the less severe alternative to the criminal offense of Driving Without A Valid License under VA Code § 46.2-300. Failure to Obtain a Virginia License carries three DMV demerit points and stays on your DMV record for three years.

Failure to Update Address (VA Code § 46.2-324)

A Virginia driver is guilty of Failure to Update their License if they change their residence and do not notify the Virginia DMV within 30 days of doing so. This statute is applied very differently in different jurisdictions. Some judges in Fairfax County treat this as a civil infraction with a maximum fine of $5. Meanwhile, in Arlington County, this same offense is occasionally prosecuted as a criminal offense. Contact one of our traffic attorneys to find out how your particular case may be handled. Failure to Update Your License carries three DMV demerit points and stays on your DMV record for three years.

Failure to Have License Reevaluated (VA Code § 46.2-330)

If a driver is charged with driving on a license that has not been renewed, the officer may choose to charge him under VA Code § 46.2-330. Like some other license offenses, this statute is treated differently by different judges but is usually prosecuted as a traffic infraction with a maximum fine of $250. This offense carries three DMV demerit points and stays on a driver's record for three years.

No License or Registration in Possession (VA Code § 46.2-104)

This is the mildest traffic ticket in Virginia. If a police officer asks to see your license and/or registration and you do not have it, you can be charged with No License or Registration in Possession under VA Code § 46.2-104. This charge carries no DMV points and has a maximum fine of $10 plus $61 of court costs.

Violating Conditions of Learner's Permit (VA Code § 46.2-335)

A driver with a learner's permit may only drive:

  • When accompanied by a licensed driver who is:
    1. 21 years-old or older (or 18 years-old for some family members),
    2. alert,
    3. able to assist the driver, and
    4. seated next to the driver.
  • A driver with a learner's permit cannot have more than one passenger who is under 18 (unless they are family or it is part of a driving course).
  • A driver with a learner's permit cannot drive between midnight and 4:00am.
  • Drivers with motorcycle learner's permits:
    1. cannot drive without a helmet,
    2. cannot have any passengers, and
    3. must be accompanied by someone over 21.

Violating any of these conditions while driving with a learner's permit is a criminal offense (Class 2 misdemeanor) punishable by up to six months in jail and a $1000 fine. It also carries three demerit points and will remain on the driver's DMV record for up to three years.

Certain Offense with a Provisional Driver's License For Minors (VA Code § 46.2-334.01)

During the first year of a provisional license, the minor driver cannot have more than one minor passenger who is not a family member. After the first year, the limit is three non-family minor passengers. A driver with a provisional license cannot operate any type of phone (even with a hands-free device) except in emergencies or while parked. A provisional driver cannot drive between midnight or 4:00am except under certain exceptions.

Violating any of these rules is a traffic infraction with a maximum penalty of $250. A second conviction allows the judge to suspend the driver's license for up to six months.

Driving in Violation of License Restrictions Related to Driver's Ability (VA Code § 46.2-329)

The DMV may issue a driver's license with special restrictions regarding the driver's ability to driver. For example, a driver may not be allowed to drive without glasses. Drivers who violate the terms of their restrictions can be charged with a criminal offense under VA Code § 46.2-329. This offense is a Class 2 misdemeanor punishable by up to six months in jail and a $1,000 fine. This offense also carries three DMV demerit points and stays on your driving record for three years (though it remains on your criminal record permanently).