Common Driver’s License Offenses: Fairfax Traffic Lawyer Covers Basics of 46.2-300
A recent data analysis of public arrest records in Fairfax County revealed 12% of arrests were for violations of Virginia Code Section 46.2-300. There are several other relatively common license-related criminal offenses:
There are some criminal offenses which, if convicted of, always lead to a suspended or revoked license. Learn about these various offenses here.
Virginia Code § 46.2-300, also known as, “Driving without a license," may apply to individuals alleged to have been driving under the following circumstances:
This law tells us that no person can drive a motor vehicle on any “highway" until that individual has attained a lawful license. There are some exemptions, but in general, they are rare (e.g., in some cases, an International License in Virginia may be valid for a period of time).
This law makes it illegal to operate a motor vehicle “on any highway" unless the driver has a valid license. The term, “highway," refers to almost every road…not solely interstate highways. This law also indirectly alludes to the fact that for a license to be valid, the driver must have applied for the license, as well as passed the tests and vision exam as required by law.
Driving without a valid license in the Commonwealth of Virginia is a criminal offense: either a Class 1 or Class 2 misdemeanor.
The severity of fines and potential jail time depends in part, upon whether or not it is a first or subsequent offense.
Regardless of whether the conviction is a first or subsequent offense:
A first time conviction is considered a criminal Class 2 misdemeanor, and can result in:
A subsequent violation is the most serious type of criminal misdemeanor in Virginia: a Class 1 misdemeanor. Possible penalties may be as severe as:
We encourage any person charged with a violation of this statute in Northern Virginia to speak with a Fairfax criminal defense attorney. Exceptions and Exemptions
Few people and/or vehicles are exempted from the valid license requirement.
In limited instances, operators who are:
And in some instances, operators: