I got charged with 46.2-308 do I need a lawyer?

Asked about 2 years ago - Herndon, VA

I got pulled over for speeding while visiting VA due to family emergency. I have a valid MD license and my car is registered in VA as i used to live in VA about an year ago. When the officer pulled me over i was rushing to the hospital and he asked me what was going on. while i was crying told him its an emergency and need to get to the hospital. He asked me if i moved to VA and without thinking I said yes. He gave me a ticket for speeding and another one for not getting a VA licenses after moving here. My car is leased by a dealership in VA and don' t have the title to register my car. I still work in VA. am i going to be charged with section 46.2-300?

Attorney answers (3)

  1. H. Eugene Oliver III


    Contributor Level 12


    Lawyers agree

    Answered . If you currently reside in Maryland and have a Maryland driver's license, then 46.2-308 does not apply to you. However, it sounds like you told the officer that you resided in VA and, if true, that would have caused you to potentially run afoul of 46.2-308/46.2-300 (which is probably why the officer charged you). The second charge (other than speeding) is a Class 2 Misdemeanor and I've seen it misapplied before, so you will want to take straightening this all out seriously.

    You should contact an attorney to help get on resolving this confusion - and you could potentially get some help on the speeding ticket as well.

  2. Jon Kevin Wright

    Contributor Level 12

    Answered . 46.2-300 is driving without a valid license. You had a valid license from Maryland, so it would not apply to you. Virginia does require you to obtain a Virginia license within 30 days of moving to Virginia, so that is why you were charged under that statute.

    An attorney would be invaluable in assisting you take care of the license ticket. While there is no guarantee that the charge will be dismissed, the odds of getting it dismissed would be greatly improved if you had an attorney.

  3. Jon Michael Zimmerman

    Contributor Level 14


    Lawyer agrees

    Answered . You would do well to get a lawyer in Virginia. I do not know whether you will be charged with something other than what you have been charged with. Virginia can be very tough on penalties for traffic offenses, which can affect you in Maryland.

    This answer is given merely for informational purposes and does not create an attorney-client relationship. For... more

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