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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Restricted License Issues

    My question involves a driver's license issued by the State of: VA

    I will try to give as much detail as possible without making the post too long.

    I was given a restricted license to drive from home to work and back. During this period I was moving in with my girlfriend but hadn't changed the address with the department of motor vehicles. However, I was put on the lease at the end of January of last year. I was pulled over near my girlfriend's house In February and the officer charged me for driving outside of my restrictions since my license still had my old address. Since then I now have the correct address on my license. I went to court with my attorney and the commonwealth attorney is suggesting 90 days suspension of license and 30 days in jail (serving 15). My attorney has asked for a continuance so that I can get the lease showing that I lived there at the time of offense.

    My question is, will the lease showing that I lived there at the time of offense help even though my license did not show it?

    All of my records are not up to date with the new address.

    Thanks for your help.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Restricted License Issues

    You know initially, and as I was typing this up, I had NOT noticed that you said the end of January of LAST YEAR. Considering that you were cited in February (I'm assuming February of this year)... I thought you were within the 30 day grace period that the Va DMV gives you to update your address with them...

    Turns out you had been living there for ONE YEAR and 30 days.... EXACTLY 1 YEAR over.

    Here's the vehicle code section anyways...

    § 46.2-324. Applicants and license holders to notify Department of change of address; fee.
    A. Whenever any person, after applying for or obtaining a driver's license or special identification card shall move from the address shown in the application or on the license or special identification card, he shall, within thirty days, notify the Department of his change of address. If the Department receives notification from the person or any court or law-enforcement agency that a person's residential address has changed to a non-Virginia address, unless the person (i) is on active duty with the armed forces of the United States, (ii) provides proof that he is a U.S. citizen and resides outside the United States because of his employment or the employment of a spouse or parent, or (iii) provides proof satisfactory to the Commissioner that he is a bona fide resident of Virginia, the Department shall (i) mail, by first-class mail, no later than three days after the notice of address change is received by the Department, notice to the person that his license and/or special identification card will be cancelled by the Department and (ii) cancel the driver's license and/or special identification card thirty days after notice of cancellation has been mailed.
    Here's your bump back to the top of the list. Good luck.

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