Driving Without License

Driving without a valid operator’s license in Virginia is a crime under Va. Code §46.2-300.  A Virginia driving without license charge under Va. Code §46.2-300 is also known as a No Operator’s License charge.

Virginia Driving Without License Charge (Va. Code §46.2-300)

Virginia requires all drivers to have a valid Virginia driver’s license.  If a driver does not have a Virginia driver’s license and drives, he can be charged with Driving without a License under Va. Code §46.2-300.

Proof of Virginia Driving Without License Charge

Driving without a valid operator’s license can be committed in one of two ways:

• driving without ever having been issued a valid operator’s license, or
• driving after a valid operator’s license has expired.

The Commonwealth must prove that the offender was driving.  Additionally, the driving must occur on a highway in order to be convicted of a Virginia driving without license charge.  A highway is defined in Va. Code §46.2-100 as:

the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated “highways” by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.

Penalties for Virginia Driving Without License Charge

A Virginia driving without license charge is a Class 2 misdemeanor.  Penalties include up to 6 months in jail, a fine up to $1000, and driver’s license suspension up to 90 days.  The DMV will also add 3 demerit points to the offender’s Virginia driving record.   These points will remain on the driver’s record for 3 years.

A second or subsequent Virginia driving without license charge under Va. Code §46.2-300 is a Class 1 misdemeanor.  It is punished with up to one year in jail, a fine up to $2500, 3 DMV demerit points, and driver’s license suspension up to 90 days.  Additionally, the vehicle the offender was driving at the time of the offense will be impounded for 3 days or until the driver obtains a valid driver’s license (Va. Code §46.2-301.1(A)).

Exemptions to Virginia Driving Without License Charge

There are certain exemptions to the requirements of Va. Code §46.2-300.  Those on active duty in the military and their families, non-Virginia residents, new Virginia residents, and those operating certain farm or construction machinery are exempt from the requirements of obtaining valid Virginia driver’s license.

• Military: Va. Code §46.2-306 allows anyone on active duty in the armed services of the United States, their spouses, and dependents at least 16 years old to drive in Virginia with a valid driver’s license from another state or country.  Additionally, anyone in the armed services driving an official motor vehicle is exempt from the requirements of obtaining a Virginia driver’s license (Va. Code §46.2-305).
• Non-Virginia Resident: Va. Code §46.2-307 allows any non-resident with a valid license from another state or country to drive in Virginia.
• New Virginia Residents: Va. Code §46.2-308 allows new Virginia residents to drive for up to 60 days before obtaining a Virginia driver’s license.  This statute applies so long as the driver has a valid license from his prior state of residence.
• Farm and Construction Machinery: Va. Code §46.2-303 allows the operation of road tollers and road machinery for maintenance and construction purposes under the supervision and control of the Department of Transportation without a valid Virginia driver’s license.  Additionally, farm tractors, farm machinery and farm vehicles can be operated without a valid Virginia driver’s license if the machine is being temporarily drawn, moved or propelled on the highways.