Driving Without a License
The three Virginia offenses people call driving without a license: a $10 fine for not carrying one, a Class 2 misdemeanor, and driving suspended.
5 guides
"Driving without a license" is not one charge in Virginia. It is three, and they are not close to each other. Leaving a valid license at home is a traffic infraction with a $10 fine under Va. Code § 46.2-104. Never having obtained a license, or holding one that is no longer valid, is a Class 2 misdemeanor on a first offense under § 46.2-300. Driving after the DMV or a court has taken the license away is a Class 1 misdemeanor under § 46.2-301.
Most of the pages that come up for this question are written about the middle one and read as though they apply to all three, which is why a driver who simply forgot a wallet arrives convinced of a criminal record. These pages keep the three apart, quote the statute that applies to each, and set out what a Virginia court can actually do — including the provision in § 46.2-300 that lets a court dismiss the charge outright when proof of compliance reaches it on or before the court date.
All guides
- Driving Without a License in VA: What You Were Charged With
Driving without a license in VA is three separate offenses: a $10 fine for not carrying one, a Class 2 misdemeanor for having none, or a Class 1.
- Va. Code 46.2-300 Explained: Driving Without a License
VA Code 46.2 300 makes driving without a valid license a Class 2 misdemeanor on a first offense, and lets the court dismiss it on proof of compliance.
- A First Offense for Driving Without a License in VA
A first offense for driving without a license in VA is a Class 2 misdemeanor under § 46.2-300, and the court can dismiss it on proof of compliance.
- Driving Without a License in Virginia: Penalty by Section
The penalty for driving without a license in Virginia runs from a $10 fine to twelve months in jail, depending which of three Code sections was charged.
- Driving on an Expired License in VA: What the Charge Is
Driving on an expired license in VA is charged under § 46.2-300 as a Class 2 misdemeanor. There is no grace period, but renewing can end the case.