Driving While Suspended
Driving on a suspended or revoked license in Virginia under Va. Code § 46.2-301: the penalty, the suspension the court must add, and first offenses.
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Driving while your licence is suspended or revoked is not a ticket. Under Va. Code § 46.2-301 it is a Class 1 misdemeanor — the same class as reckless driving — and it carries a consequence no other traffic charge does: on conviction the court must re-impose a suspension equal to the one you were already serving, on top of whatever fine or jail it orders. The charge is not prepayable, so there is always a court date.
These pages set out what the statute says, what a first offence usually looks like against a third, what the officer can do with the car at the roadside, and what the reader can actually ask the court for.
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- Driving on a Suspended License in Virginia: What Happens Next
Driving on a suspended license in Virginia is a Class 1 misdemeanor under § 46.2-301, and the court must re-impose the same suspension on top.
- Driving on a Revoked License in Virginia: Penalties by Section
Driving on a revoked license in Virginia can carry a mandatory 10 days in jail under § 46.2-391 D, or a felony where the driving endangers anyone.
- The New Law on Driving on a Suspended License in Virginia
Virginia's new law repealed § 46.2-395, so unpaid court fines no longer suspend a license. Driving on a suspended license is unchanged.
- Va. Code § 46.2-301, Subsection by Subsection
Va. Code § 46.2-301 makes driving on a suspended license a Class 1 misdemeanor and requires the court to re-impose the same suspension.
- Driving on a Suspended License in Virginia: First Offense
A first offense of driving on a suspended license in Virginia is a Class 1 misdemeanor, but § 46.2-301 G lets the court dismiss it on proof of compliance.