Legal Question in Traffic Law in Virginia
Driving on a Suspended
My license was suspended for 6 months for reckless driving. This is the only ticket on my license. I recently was pulled over and recieved a ticket for driving on a suspended. The cop had no reason to pull me over he was just behind me and ran my plates and saw the owner of the vehicle had and suspended license so he pulled me over to see if I was the owner. Could this be defense. If not what kind of penalty am I looking at and should I get a lawyer??????????
1 Answer from Attorneys
Re: Driving on a Suspended
Driving While Suspended is a jailable offense in Virginia as is Reckless Driving. Normally, first time offenders receive a suspended sentence along with a fine. Your case, obviously, is more serious
due to your previous conviction on the serious traffic charge of Reckless Driving.
The cop can run any license check he wishes for
whatever reason from his vehicle. He doesn't need what the law refers to as a reasonable and articulable suspicion that there's a violation of law.
However,once the check comes back indicating an owner with a suspended license, BINGO!, then the
officer has all he needs to make a legal stop, and an arrest, if he decides that more is required than a mere summons to the driver to appear in court.
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