Alexandria, VA asked in Uncategorized for Virginia

Q: Am i facing jail time?

I recently pulled over for failing to yield. When pulled over i was asked for my drivers license. That's when i remembered it was expired. I misinterpreted the information i read on-line about a 30 day driver's license grace period. The officer didn't arrest me. I just had to receive a citation for court. So i had a friend pick me up from the traffic stop location an had my license renewed that Monday 05/16/16. So today was my court day. I walk into the courtroom with my license renewal paper the judge tells me a need to get a lawyer an return to court june 8, 2016. Mind you i have no criminal history (I try to stay far far away from trouble) so i dont really have to much legal knowledge. But i researched an i found info say being this is my first time with a 46,2-300 it can hold up to six months in jail or $1000 fine or suspension of drivers license. I would love to walk out with nothing but i do know i was wrong for what happend. So

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1 Lawyer Answer
Gary D. Godman
Gary D. Godman
  • Stafford, VA
  • Licensed in Virginia

A: You're right that 46.2-300 holds those potential sentences for a first offense. While it may be unlikely that someone with a good record won't receive any jail time, it is indeed up to the judge's discretion if you are found guilty. Sometimes a judge may reduce the charge to failing to have a license in possession if the driver has restored the license before the court date - I believe the fine for that is only $10. You may wish to consult with a traffic attorney familiar with the jurisdiction where you received your ticket to get an idea of the chances in your particular situation. Good luck!

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