Suspended License Virginia Evidence Sufficient Violation Lawyers York County
Jessica v. Commonwealth
Defendant appealed the judgment of the Circuit Court of York County (Virginia), which convicted her in a bench trial of driving without a valid license, in violation of Va. Code Ann. § 46.2-300.
- Whether the evidence was sufficient to prove that her suspended license was not a “valid” license as contemplated by Code § 46.2-300?
Defendant’s license had been suspended. Defendant contended on appeal that the evidence was insufficient, as a matter of law, to prove that her suspended license was not a “valid” license as contemplated by Va. Code Ann. § 46.2-300 in that at the time of the alleged offense, her license, though suspended, was valid until it expired and the suspension of her license was merely a temporary withdrawal of the privilege to drive and did not, unlike a revocation, require reapplication at the end of the suspension period to be reinstated. The court found no merit in defendant’s argument and held that, upon applying the rules of statutory construction, the legislature intended to recognize separate violations of § 46.2-300 for driving after failing to apply for a license and driving without a valid license. The court noted that § 46.2-300 prohibited defendant from driving “until” the acts of applying for a license, passing and exam, and actually obtaining the license were accomplished. Va. Code Ann. § 46.2-300. The court affirmed the judgment.
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Article written by A Sris
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