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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

"Justification" Defense Wins Driving on Suspended License Charge

A Richmond, Virginia woman charged with driving while her license was suspended saw her charge reduced by a New Kent County judge to operating a motor vehicle without a license.

The woman and her boyfriend were visiting friends in Norfolk. Her boyfriend was too intoxicated to drive and when they went to his parents' home nearby, no one was home. They decided to return to Richmond but she had to drive.

In New Kent County she was clocked for speeding by a State Trooper, and explained to the officer that her license was supended and the only reason she was driving is that her boyrfried was too drunk.

The Trooper testified at trial to these facts, including that had the boyfriend been driving, his apparent level of impairment would have likely posed a real threat to the safety of himiself, and other drivers.

Although the Virginia Code on Driving on a Suspended or Revoked License contains an excuse for medical emergencies, it is silent as to other situations. We argued that the legislative intent was to allow the courts discretion to apply a defense of justification in certain broad circumstances such as this one.

The Court agreed and reduced the charge to driving without a license. This resulted in no mandatory jail time or a further suspension of the client's driving privilege.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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