Dismissal of No License or Suspended License Charges for Proof of Compliance with Law
Effective July 1, 2025, Virginia law allows judges to dismiss charges of driving without a license and driving under a suspended license if the defendant proves they have complied with the law and cured their license defect. While judges have been doing this already in practice for decades, this law change gives judges explicit authority to dismiss charges when warranted and may help judges not feel obligated to impose court costs.
Virginia Code § 46.2-300 concerning driving without a license now has an additional paragraph that states the following:
The court may, in its discretion, dismiss the summons or warrant, where proof of compliance with this section is provided to the court on or before the court date, unless such person was operating a commercial motor vehicle as defined in § 46.2-341.4.
Virginia Code § 46.2-301 concerning driving while license, permit, or privilege to drive is suspended or revoked has a similar paragraph added.
The court may, in its discretion and where there have been no prior violations or convictions of this section within the past 10 years, dismiss the summons or warrant, where proof of compliance with this section is provided to the court on or before the court date, unless such person (i) possesses a commercial driver’s license or commercial learner’s permit, as those terms are defined in § 46.2-341.4, or (ii) was operating a commercial motor vehicle as defined in § 46.2-341.4. Where there has been a prior violation or violations, the court, in its discretion, may dismiss or amend the summons or warrant, where proof of substantial compliance has been provided to the court.
The code sections are similar, however under 46.2-301, to get a dismissal, the defendant must not 1) have any prior violations or convictions of the section within the last 10 years, 2) must not be a CDL holder or CDL permit holder, and (3) must not have been operating a commercial vehicle at the time of the offense. Otherwise, the section mirrors § 46.2-300, giving judges the authority to be able to dismiss charges of driving without a license or with a suspended license if they complied with the law by the court date.
If you have been charged with driving without a license or driving with a suspended license, call us at 757-DUI-HELP or schedule a free consultation today!