Legal Question in Traffic Law in Virginia
I wasn't driving
I got to appear in court for driving on a suspended licence. But, I was not driving, my friend was. But the cop says it was me. My lawyer says that due to my record the judge is going to listen to the cop. I may get 1 year in jail. what can i do? can my friend say that he was driving and if so what will happen?
1 Answer from Attorneys
Re: I wasn't driving
If this is your first charge of DWS(Driving While Suspended), it's highly unlikely that you'll do any jail time, unless there are serious aggravating circumstances associated with the case. However, if it's a second or third repeat charge or you have other serious convictions, then you could be doing some slammer time, but nothing approaching a year.
If you were wrongly charged, then you and your attorney should be prepared to go to trial and
have your friend testify as to the truth, and argue the case, accordingly.
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