Warrant for Drive on Suspended but Never Pulled Over

[one4mygirls]

My question involves a driver's license issued by the State of: Virginia
Hello Everyone,

My husbands licence has been suspended for about 8 years. This was due to an laps in insurance on our cars, one of which did not work so the DMV fined 1500.00. I had our third baby when he was stopped the first time and since he had been laid off from his long term job, we had no money. So, he been stopped for a dead inspection sticker and things like that, no moving violations at all. So, he was stopped in December for the inspection, he got his drive on suspended and when he went to court they told him he had another but had not been pulled over. The officer states that he "saw" him get into the car and drive. He had to pick our sick daughter up at school and he was the schools officer, there was noone else to do it. So how can they do this? there was no way for that officer to know if he got into the front seat or back from where he was sitting and I am still amazed that they can just see you. Could they not lie and make up all kinds of stuff? What if they do this all the time and say they saw him? He is already doing weekends for 5 weeks and I am so afraid, he can't loose his job because of this, I just want to be left alone. Also, he has not criminal record, the only thing on his record or traffic violations and a check he wrote years and years ago that has been paid. So what do you all think? Does he have a defense? It is frighting to know that a cop can just claim they "saw" someone do something and thats it. ...
Thank You,
Teresa

[flyingron]

Here's how it works: The cop sees you commit a crime, he can file charges. There's no need for him to pull you over (nor would that provide any more or less "PROOF" that the crime occurred). But being charged usually doesn't trigger the "prior" case unless you were found guilty prior to committing the new offense.

I'm confused. Did he get charged with two counts of driving while suspended, or did the cop just mention it in the case for the December stop that he'd seen your husband apparently breaking the law on other occasions?

What is he doing "weekends" for? The December driving while suspended? If so he does have a criminal record.

The fact that "nobody else was available to pick up your daughter" does not justify him committing a crime.

I will give him one piece of advice. If he's on a suspended sentence (most likely if he's doing weekends), DO NOT DRIVE.
If a judge catches him doing this, a ton of bricks is going to fall on him. The judges around here will unsuspend that sentence in a heartbeat, and he'd be looking at 60 days CONTINUOUS in jail, not weekends.

[one4mygirls]

He is doing weekends from the Driving suspend in December. He has no criminal record other that the drive suspended and a bad check years ago. He has not driven, that was the only time and it was before he went to court and found guilty. It just amazes me that a family can be hurt so badly by this crap. I could understand if he was suspended for a DUI, but for having your insurance lapse? Not having the money to pay the fine and then a dozen other fines follow. It is a never ending battle. He is getting a scooter to get back and forth to work, right now he rides with a friend. I know the Judge doesn't care if there is no one to pick up my sick kid but if he had not, they would have called CPS and had neglect charges filled. It is dammed if you do and dammed if you don't...Thanks for your reply

[viol8te]

It's not damned if you do, damned if you don't. He's consciously making a desicion to drive on a suspended. He needs to rethink his stance of "I'm doing it out need" mentality. If he does, he will possibly get upgraded to felony driving while suspended/revoked.

Regardless of how petty or inconvenient you might feel this is, it's his penalty and he needs to take it seriously.

[flyingron]

Fortunately, driving while suspended NEVER elevates to a felony in Virginia.

Here's how it works. The legislature requires you to have fiscal responsibility (insurance) to drive. They consider this important because of the high amount of grief you cause others if you get into an accident without insurance. But the sanction for that is MINOR. We take away your license so you can't drive. Oh, but you chose to intentionally violate the law anyhow, now that's a crime. Not only that, but the legislature SPECIFICALLY wrote the law with the financial responsibility suspension in mind (they made that only a class 2 mis. for the first offense rather than the class 1 mis. it were a DUI).

[one4mygirls]

I see it has taken a wrong turn. I wanted to know if an officer could do this.... He knows he made a decision to pick his sick child up from school rather than letting her lay sick. People do what they have to do, I was only inquiring about the legality of the officers actions and stating that once something happens it snowballs. One does not know what he or she will do until they are in that situation. Thank's