Fairfax License Suspension or Revocation Charges
When challenging Fairfax license suspension or revocation charges, you need to consider every available legal option. With the help of an experienced traffic lawyer, you could show the court how you were not given proper notice of a suspension or revocation. Additionally, you could also have someone at your side who could help you through this stressful time in you life.
Convictions Stemming from Revoked or Suspended Licenses
To be prove that a person is guilty of driving with a suspended or revoked license in Fairfax, the prosecutor has to prove that the person had notice that their driver’s license was revoked or suspended. Notice means that the person either was actually aware that their license had been suspended or revoked, or they had been told by a police officer or by the court that information.
How Is Driving With a Suspended or Revoked License Treated?
Driving on a suspended or revoked license is a Class 1 misdemeanor in Fairfax County and in Virginia.
In Fairfax, drivers should expect to face potential jail time, a fine and an additional license suspension if they are convicted of driving while suspended or revoked charge. Drivers who have prior convictions for driving on a suspended or revoked license could face mandatory jail time.
Circumstances that Require Court
Someone who is charged with driving on a suspended or revoked license should always go to court. Driving on a suspended or revoked license carries the possibility of jail time, so if that person does not go to court and the Commonwealth attorney does not waive jail time, that person could be issued a bench warrant for their arrest by the judge.
If the Commonwealth attorney waives jail time on a suspended or revoked license charge, the person who does not appear in court could be found guilty in their absence and face all of the penalties that go with such a charge.
Is Driving with a Suspended License a Traffic or Criminal Offense?
Driving on a suspended or revoked license is a type of hybrid charge that is both a traffic and a criminal offense. It is a traffic event because it has to do with the person driving, and the DMV can apply its own consequences to the person’s driver’s license collaterally. It is also a criminal misdemeanor meaning that a person could face jail time as well as a fine if they are convicted of driving while suspended or revoked.
The Prosecution Against Alleged Offenders
In Fairfax County, if an individual who is charged with driving on a suspended or revoked license has a defense attorney, the prosecuting attorney will be the Assistant Commonwealth Attorney in the courtroom that day. If the person who was charged with driving on a revoked or suspended license does not have an attorney, they would then face the judge with only the police officer prosecuting. In that situation, it would be the police officer’s word against the driver’s. For that reason, a person charged with driving on a suspended or revoked license should always have an attorney represent them in court.
Penalties for Driving with a Suspended License
Driving while one’s license is suspended carries a maximum penalty of 12 months in jail, a $2,500 fine and an additional loss of license. However, if that person has two or more prior convictions for driving while on a suspended license, that person faces a mandatory minimum of 10 days in jail.
Rebuke Charges for License Suspension or Revocations with a Fairfax Attorney’s Help
Fairfax license suspension or revocation charges could only harm your ability to lead a normal life and continue with your everyday routine. With the help of dedicated legal counsel, you could fight these allegations of misconduct. Reach out to an attorney for the help you need today.