Recently, the Virginia Court of Appeal re-affirmed in Carew v. Commonwealth (Haley) No. 0153-13-4, Nov. 26, 2013 that a defendant must have notice that his license is suspended to be convicted of driving on a suspended license in Virginia. This situation often comes up when a driver has been sent a letter from the DMV stating that they need to complete a particular task (such as pay a fine or take a class) or their license will be suspended. In instances where the defendant was not aware that his license was suspended and was pulled over, Carew instills the defense of lack of actual notice.
This makes sense in common sense terms. How can you violate a law if you didn’t know you were violating it?
If you’ve been charged with a driving on a suspended license, check out the article below. For more questions, feel free to call us at BenGlassLaw and ask to speak with me, James Abrenio.