Mark R. Matney - Attorney - Newport News - DUI Attorney

Leniency for Suspended License Cases

DUI Attorney Mark Matney - Matney Law PLLC - Newport News - Williamsburg

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Leniency for Suspended License Cases
Revoked or Suspended License Defense Attorney
Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com

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The new Virginia law making it easier for people to reinstate their driving privileges is resulting in increased leniency for people charged with driving while their license is suspended. This morning as I waited my turn, the judge granted a continuance to every person who requested more time to reinstate his or her license. The benefit of this is that when someone obtains a valid license before the final hearing it is typical for judges to amend the charge to a less serious offense.

For example, a client in one recent case reinstated his license before the initial court date and the judge amended the charge from a Class 1 Misdemeanor, which would have resulted in a mandatory additional license suspension of 90 days, to a Class 2 Misdemeanor with no license suspension and only a $50 fine.

Notably, in a similar case in a different local city, the judge amended the Class 1 Misdemeanor of driving with a suspended license to the traffic infraction of Driving Without a License in Possession. This avoided a misdemeanor conviction and a license suspension.

Matney Law

Suspended Revoked License

Driving While Suspended - Revoked License

Matney Law PLLC defends people charged with driving while suspended - revoked license.  The lawyers at Matney Law in Newport News Virginia have been very successful in the defense of people in Williamsburg, Yorktown, Norfolk, Toano, Gloucester, and Richmond Virginia.  Mark Matney has a number of defense strategies he can employ for you.

 

Driving While Suspended - Revoked License

Matney Law PLLC provides service to the Hampton Roads area of Virginia defends people who are charged with driving while suspended - revoked license.  Please contact us by phone or email to have attorney Mark Matney review your case.  Click Here to contact Attorney Mark Matney.

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Need Help in Resolving DUI Charges or Traffic Violations call Matney Law at 757-784-3507

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Two Possible Defenses

When a client is facing a charge of driving on a suspended license, I usually focus on two possible defenses.  The first is to try to prove from the DMV transcript that the client did not have notice of the suspension of his license.  This can result in a dismissal if the client did not inform the officer that he knew that his license was suspended.  The second important defense for a suspended license charge is to help the client postpone the final court hearing until the client obtains a valid license.  This involves working with the clerk’s office to schedule the court date as far out as permitted and sometimes requires a court appearance to ask the judge for even more time.

Case Results

#I - Won the dismissal of a charge of driving with suspended license, 3rd offense, when the officer did not submit my client’s DMV transcript to the judge.  In the absence of the DMV transcript, there was no evidence that my client’s license was suspended when the police stopped her.  Therefore, the judge granted my motion to dismiss the driving with a suspended license charge.

#2 - Driving while suspended or revoked, 3rd offense (46.2-301) amended to Driving without a license in possession (46.2-104).  This week I successfully defended against a 3rd offense suspended license charge by showing that my client did not have notice that his license was suspended on the specific day that he was stopped. I accomplished this by preparing a spreadsheet that listed my client’s suspensions and explained which suspensions occurred after the traffic stop and which suspensions had been resolved prior to the traffic stop. The amendment from 3rd offense driving while suspended (46.2-301) to Driving without a license in possession (46.2-104) resulted in avoiding a class 1 misdemeanor and the 10 days mandatory jail, 90 days license suspension, and 6 demerit points associated with that charge. Instead, my client received a traffic infraction, a $10 fine, and zero demerit points.