Do I Have to Get a Virginia Driver's License?

     With the rapidly increasing immigrant population in Virginia, particularly around Richmond, Tidewater and Northern Virginia, a traffic court charge I see more and more of is "no operator's license."   What many people new to Virginia do not know is that even with a foreign (meaning out of state) license, a time limit still exists to acquire a Virginia license if you have moved to Virginia.

     Virginia Code Section 46.2-308 grants a temporary privilege to new Virginians to operate their vehicles on the state highways.  However, after 60 days of living in Virginia, you must obtain a Virginia license from the Department of Motor Vehicles.  If you do not, and are stopped by the police, you will be charged with an offense that is punishable as a Class 2 misdemeanor.  The maximum penalty for driving without an operator's license is six months in jail and a $1000 fine.  A judge will in many cases be lenient on a first offense of this kind, provided you do not have a checkered driving record.  However, subsequent charges will likely be penalized more heavily.  A primary reason for this is so that the state can ensure that drivers either a) have a motor vehicle liability policy in place, or b) are contributing to the state uninsured motorist fund.

     The bottom line is that while waiting at the DMV can be a hassle and a headache, it is a much better alternative than paying out hundreds of dollars in fines and potentially going to jail.

Comments

[Dana Hata]

I have this exact situation. However, the officer didn't write "No Operator's License" on the citation, nor did he write the 46-2.300 citation code on it. He wrote "Fail To Obtain Virginia License" and the description, and wrote the citation codes 46.2-308 and 46.2-947 (the second one just referring to the Highway Safety Corridor I was in). Since the 308 one describes an exemption, can that code really be used to charge me with anything? Is this an error on the part of the officer, and if so, can I use it to my advantage (i.e. have the case dismissed)?