Third Offense Driving on Suspended License Charge in Virginia No Longer Has Mandatory Jail
July 2, 2020 by Jean Humbrecht
The Virginia DMV may suspend a driver’s privilege to drive in Virginia for a number of different reasons, including convictions for certain traffic offenses, accumulating too many DMV demerit points in a short amount of time, and failing to pay child support, among many other reasons.
Driving on a Suspended License in Virginia is a crime and Virginia courts take the charge seriously. It is not uncommon for a driver to be sentenced to active jail time if convicted of Driving on a Suspended License.
For more information on Driving on Suspended License charges in Virginia, click here.
Penalty for Driving on a Suspended License Charge in Virginia
Driving on a Suspended License in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, and mandatory additional driver’s license suspension and the person cannot get a restricted driver’s license during this time period. The DMV will also automatically add 6 demerit points to a person’s Virginia driving record if he or she is convicted of a Driving on Suspended License charge in Virginia under Va. Code §46.2-301.
A third offense Driving on a Suspended License Charge in Virginia used to be punished with a mandatory minimum penalty of 10 days in jail. This time was straight time, meaning good time credit did not apply and a person had to serve the full 10 days. However, the law recently changed and there is no longer a mandatory minimum penalty if convicted of a third offense Driving on Suspended License charge in Virginia.
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