Legal Question in Traffic Law in Virginia
driving with a suspended license unknowingly
My son got a ticket for driving with a suspended license. He was unaware that his license was suspended. DMV had mailed him notification to attend driving school which he never received. It was returned to DMV unopened. Do we need a lawyer to represent him when he goes to court for this ticket? We have proof that we never received the required documents from DMV.
1 Answer from Attorneys
Re: driving with a suspended license unknowingly
Since DWS(Driving While Suspended)is potentially a jailable offense in the Commonwealth, your son should have an attorney reprsenting him, if at all possible.
However, if he cannot afford to hire one and is not eligible for a court-appointed attorney, he should bring the credible proof that he never actually received notice of the suspension from the DMV to the court on the morning of the hearing and show it to the prosecutor assigned to his case, and he may get the DWS charge reduced to a less serious charge like, perhaps, NVOL (No Valid Operator's License).
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