Virginia Suspended and Revoked Drivers License Lawyers

If you’re dealing with a suspended driver’s license in Virginia, you know how serious the consequences can be. Losing your driving privileges can significantly impact your daily life, making commuting to work, attending classes, or running essential errands challenging. This situation can lead to missed job opportunities and increased dependence on public transportation, resulting in added stress and frustration.

Additionally, the repercussions of a suspended license can worsen quickly. If you are caught driving while your license is suspended, you may face further penalties, including substantial fines, possible jail time, and an extended suspension period. This cycle of legal issues can feel overwhelming and leave you anxious about your future.

Anthony Montagna III is here to support you during this challenging time. Our skilled suspended license lawyers are well-versed in the complexities of Virginia’s traffic laws and are devoted to defending your rights. We will collaborate with you to evaluate your case, identify options for reinstatement, and represent you in court if needed. Allow us to assist you in reclaiming your right to drive. Get in touch with us for a free consultation regarding your case.

Why Work With Anthony Montagna III for Your Suspended Driver’s License

When you work with our law firm you’ll have over a century of legal experience on your side. Our attorneys have been winning cases focused on DUIs, traffic defense, reckless driving, and criminal defense for decades. If you are facing a suspension or traffic conviction, contact Anthony Montagna III, Virginia’s suspended license defense attorney today to see how we can put our legal experience to work for you.

Testimonials

“I hired Mr. Montagna to represent me for a reckless driving case. Due to my work circumstances, a conviction of that kind could have led to a one year suspension and a loss of my security clearance. My advice is to listen to what he has to say, follow his instructions exactly, and do them as soon as possible. This will allow him to take care of you as well as he took care of me. It was worth every penny.” – Luke S.

“Excellent attorney, best in the area hands down. Very professional, thorough and always accessible. Follow his instructions for the best possible outcome.” – Zachary H.

“Fantastic experience. Mr Montagna was transparent throughout the entire process & answered all my questions with confidence and positivity. He was professional start to finish & is a man of his word. Couldn’t be more pleased with the outcome.” – Gary W.

Administrative Vs. Judicial License Suspension in Virginia

In Virginia, there are two primary types of license suspension: administrative license suspension (ALS) and judicial license suspension. These suspensions operate differently, and they’re fought a bit differently in court.

Administrative License Suspension

An individual with an administrative license suspension will have received their suspension immediately upon arrest, either for driving under the influence (a “DUI”) or because they refused to take a breath or blood test at the scene. Administrative license suspensions are handled by the Virginia Department of Motor Vehicles (DMV), and this process is kept separate from criminal proceedings. The length of the administrative license suspension can vary (i.e., (i) seven days for a first offense or (ii) for a second offense, the lesser of either 60 or the time period until trial, whichever is shorter).

Judicial License Suspension

On the other hand, a judicial license suspension is issued as a result of a court conviction–for example, as a consequence of a DUI or other serious traffic offense. This type of suspension follows a legal process and is issued only after a final determination is reached by a judge. When faced with a judicial license suspension, drivers always have the right to defend themselves in court. As opposed to an administrative license suspension, a judicial license suspension is imposed only after a driver has been formally convicted of an offense. The length of the judicial license suspension can vary widely based on the offense and the driver’s history. For example, a first DUI conviction may result in a one-year suspension, while subsequent offenses could lead to longer suspensions. Additional penalties can include fines, mandatory education programs, and community service.

Potential Reasons for a Driver’s License Suspension in Virginia

There are several sets of circumstances that may lead a police officer or a judge to issue a license suspension to a driver in Virginia. Here are a few of the most common reasons for a suspension:

• Driving under the influence (DUI)
• Reckless driving
• Accumulation of demerit points
• Driving on a suspended license
• Failure to pay fines or court costs
• Child support payments
• Lack of insurance
• Failure to satisfy financial obligations from accidents
• Drug-related offenses
• Other serious offenses (e.g., hit-and-run, manslaughter)
• Failure to complete mandatory driver improvement programs
• Mental or physical conditions affecting safe driving

What Happens After a Conviction for Driving While Suspended?

In Virginia, the consequences of driving on a suspended license extend beyond fines and potential jail time. A conviction often triggers a further license suspension, separate from the original one. Virginia law mandates that judges impose an additional suspension equal in length to the original suspension period. For instance, if the initial suspension was indefinite (not tied to a specific time), the judge can add up to 90 days. Crucially, this new suspension doesn’t start until after the initial suspension is completed.

If you’ve been convicted of driving with a suspended license, you may be feeling anxious and unsure of what the future holds. Having an idea of the potential scenarios that may unfold can help you feel prepared to tackle the issues and defend yourself.

Penalties for Driving on a Suspended License in Virginia

Driving on a suspended license in Virginia is considered a serious offense and is classified as a Class 1 misdemeanor–the most serious type of misdemeanor. If found guilty, a driver may face up to twelve months in jail and could be required to pay a fine of up to $2,500. Drivers may still face a license suspension, whether they are first or second-time offenders. If a driver is found guilty of a third offense within ten years, they face a mandatory minimum jail sentence of ten days (with the possibility of serving up to twelve months), along with a fine of up to $2,500.

Driving On a Suspended License Penalties:

• Class 1 Misdemeanor
• Face up to twelve months in jail
• Fine up to $2,500

Long-Term Consequences of Driving on a Suspended License in Virginia

Criminal Record

If an individual is found guilty of driving on a suspended license in Virginia, they face the potential of serious long-term consequences. A guilty conviction will earn a driver a Class 1 misdemeanor, which can adversely affect his or her employment opportunities and other important aspects of their life.

Insurance Premiums

Economically, offenders often face increased insurance premiums, as they may be categorized as high-risk drivers. Suddenly, it can become difficult or even cost-prohibitive to obtain auto coverage. Additionally, the Virginia DMV may require an individual to produce an SR-22 certificate—a certificate evidencing the driver’s proof of financial responsibility—for up to five years, further increasing costs.

Points On Driving Record

The offense of driving on a suspended license incurs six demerit points on an individual’s driving record, and these points can remain in place for up to 11 years. Drivers who accumulate too many points may face further license suspensions or other penalties.

How Can a Lawyer Help With a Suspended License Case in Virginia?

As we’ve discussed, when you’re facing a charge for driving with a suspended license in Virginia, the consequences can be harsh. An experienced lawyer can help you defend yourself and potentially limit the negative consequences of your charges.

Firstly, a lawyer can assess the specific circumstances surrounding the suspension. This includes reviewing the reasons for the suspension, whether due to a DUI, failure to pay fines, or other violations. By understanding the details, an experienced attorney can formulate an effective defense strategy tailored to the client’s unique situation.

Secondly, legal representation is vital during any court proceedings. A lawyer’s purpose is to advocate on behalf of the client, presenting arguments and identifying defenses that can lead to reduced charges or even dismissal of the case.

Additionally, if the client wishes to challenge an administrative license suspension resulting from a DUI arrest, a lawyer can assist in filing necessary motions and representing the client at DMV hearings. This proactive approach may help restore driving privileges under Virginia law sooner than if the individual were to navigate the process alone.

Finally, if reinstating a license after suspension is necessary, an attorney can guide clients through the legal requirements and help them secure restricted driving privileges for essential activities like work or school. This support can alleviate some of the burdens associated with losing driving rights.

Secure Experienced Representation to Protect Your License and Driving Privileges

Have you received a license suspension, a criminal charge, a revoked license, or have you been accused of driving on a suspended license? The attorneys at our law firm are here to help you sort through your circumstances and obtain the best optimal outcome under Virginia Commonwealth law. Contact us today online or by phone at 757-625-3500 for a free consultation.

With our law offices in the Hampton Roads area, Anthony Montagna III will provide experienced guidance to individuals facing issues related to a restricted license, revoked license, criminal charge for reckless driving, driving record-related criminal offenses, traffic violations, DUI, DWI, and other issues related to their Virginia driver’s license. If you are in the Hampton Roads area, including Norfolk, Newport News, Hampton, Suffolk, Chesapeake, Portsmouth, Williamsburg, Northampton County, Southampton County, Isle of Wight County, York County, New Kent County, Accomack County, Virginia Beach, or close by, contact us today for your free consultation.