What does it mean to “drive without a license” in Virginia?
Driving without a license can refer to three scenarios.
You’re stopped for an offense and:
- You have
a license but it’s not in your possession. In other words, you were
licensed to drive but lacked proof, an infraction that may be dismissed once
you can prove that you possessed a valid license at the time of the
incident. (Note: you may have to pay a
fine.)
- You never
applied for a license (or your license expired). Virginia
Statutes § 46.2-300 provides that: “No person shall drive any motor vehicle
on any highway in the Commonwealth until such person has applied for a driver's
license, as provided in this article, satisfactorily passed the examination,
and obtained a driver's license. A violation of this provision is a Class 2 misdemeanor.
A second or subsequent violation of this section is a Class 1 misdemeanor."
- Your
license was cancelled, revoked or suspended by the authorities. For first
time offenders, this offense may be punishable as a Class 1 misdemeanor with a
maximum fine of $2500.
Who doesn’t have to have a valid Virginia driver’s license?
Virginia law provides for the following exemptions:
- No person shall be required to obtain a driver's
license to operate a road roller or road machinery used under the supervision
and control of the Department of Transportation for construction or maintenance
purposes.
- No person shall be required to obtain a driver's
license for the purpose of operating any farm tractor, farm machinery, or
vehicle;
- Every person in the armed services of the United
States, when furnished with a driver's license, and when operating an official
motor vehicle in such service, shall be exempt from licensure; and
- a person on active duty with the armed services
of the United States or a spouse or a dependent child not less than sixteen
years of age of a person on active duty with the armed services of the United
States who has been licensed as a driver under a law requiring the licensing of
drivers in his home state or country and who has in his immediate possession a
valid driver's license issued to him in his home state or country shall be
permitted without examination or license under this chapter to drive a motor
vehicle on the highways in the Commonwealth.
How do you fight the charge?
Fighting a “driving without a license charge” can be
difficult. Once the district attorney or
prosecutor alleges that you drove without a valid license, the burden of proof
is on you to prove that you did
possess a valid driver’s license at the time of your offense. If you don’t have
evidence of a license, you lose! Depending on your circumstances, you may
benefit from the advice or negotiating skills of an attorney.
Can an undocumented immigrant obtain a driver’s license in Virginia?
An undocumented immigrant is not permitted to obtain a driver's
license in Virginia.