Legal Question in Traffic Law in Virginia

I have a unique situation, see at the time of the incident i was 15 years and held (still holding a VA learner's permit. I was in a motor vehicle past curfew hour in Virginia Beach and the driver had a suspended liscense, when we he was pulled for speeding. I was told by the officer who brought me to the precinct that i would be charged with the class 4 misdemeanor of a curfew violation, but also that i had the potential to have my liscense suspended from the current date (1/6/10) that i would be able to obtain it. I am about to start community service prior to my court date in mid November. What is the probability of my license being suspended and what is my best plan of action in the courtroom? Thank You.

Anthony


Asked on 10/14/09, 10:57 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

First of all, you do not have a license to be suspended. You have a learner's permit, but since you were not operating the vehicle, you were not in violation of the conditions of your learner's permit. Consequently, you should plead guilty only to the curfew violation and nothing more(if in fact you're guilty of that trifling offense), and, if the officer at the hearing begins to make noises about having your eligibility date for a regular license delayed due to the curfew violation, you might argue that the two are not really connected and that the curfew violation should not have any effect on your ability to become a regular licensed driver on 01/06/2010.

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Answered on 10/20/09, 5:19 pm


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