Virginia Suspended Drivers License Third Subsequent Offense 46.2-301(C) Class 1 Misdemeanor

Virginia Suspended Drivers License Third Subsequent Offense 46.2-301(C) Class 1 Misdemeanor

Harris v. Commonwealth, 56 Va. App. 253 (Va. Ct. App. 2010)

The evidence proved that on April 20, 2008 appellant was charged with driving on a suspended license, third or subsequent offense. At trial, the parties stipulated that appellant had previously been convicted of driving on a suspended license on December 21, 1998 and October 3, 2000 in violation of a City of Danville ordinance "substantially similar" to Code 46.2-301. The record also showed that appellant had been convicted of driving on a suspended license on September 2, 2007 in violation of Code 46.2-301(B). On appeal, the defendant argued that He asserts that he had been convicted of violating Code 46.2-301(B) on only one prior occasion and that his two prior convictions for driving on a suspended license under a substantially similar Danville city ordinance cannot be used to enhance punishment pursuant to Code 46.2-301(C).

Virginia Code 46.2-301(C) classifies driving on a suspended license as a Virginia Class 1 misdemeanor. However, "[a] third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days." Viewing Code 46.2-301 in its entirety, the court concluded the enhanced punishment provision in subsection C, on proof of three or more offenses of driving on a suspended license, necessarily encompasses violation of a "substantially similar [local] ordinance."

Frquently, drivers are charged with driving on a suspended license through no fault of their own. Drivers are not aware that their license is suspended. However, drivers plead guilty because they do not believe they have a defense to the charge. This is an incorrect assumption.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.

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