Fairfax Restricted License Lawyer

A Fairfax restricted license lawyer can help you to get permission to drive if your license has been suspended or revoked.  You can lose your license for many reasons in Virginia, ranging from a DUI conviction to not paying for child support. Whatever the reason, not having a license can cause personal and professional hardship. A traffic attorney in Fairfax will help you restore the right to drive as soon as possible.

Getting a Restricted License in Virginia

The Virginia Department of Motor Vehicles can authorize a restricted license only under limited conditions. The DMV can allow you to drive despite a license suspension or revocation only if:

  • The court authorizes the DMV to grant the restricted license.
  • Your driving privileges were suspended by the Department of Motor Vehicles because you violated Driver Improvement Probation. The violation must either be your first or, under limited circumstances, your second.

Most restricted licenses are granted by the court.  In some cases, the court can grant the restricted license immediately at the time of conviction, while there is a required waiting period in other situations. For example:

  • The court can grant a restricted license immediately after conviction for a first DUI offense; a conviction for reckless or aggressive driving; a conviction for illegal possession or consumption of alcohol; or a drug violation.
  • The court can grant a restricted license after four months after you are convinced of a second DUI within 10 years of your first conviction.
  • The court can grant a restricted license after one year for a second DUI that occurred within five years of the first conviction.
  • The court can grant a restricted license after three years for a third DUI offense; or after a conviction for manslaughter or maiming while driving a motor vehicle.

Courts are not required to grant restricted driving privileges but may do so if you present a compelling reason why you need to be able to drive despite the offense that you committed. A Fairfax restricted license lawyer can help you to request a restricted license and to try to convince the court that you face significant hardship if you cannot drive.

What Does a Restricted License Allow?

The judge who grants your restricted license can set the conditions of your limited right to drive. Typically, your license may allow you to:

  • Drive to and from your place of employment.
  • Drive during the hours when you are working if your job requires, such as sales representatives who need to drive for work.
  • Drive to and from Alcoholics Anonymous, Narcotics Anonymous, other rehabilitation programs, or to drug and alcohol education programs including programs you participate in as a first offender under Virginia Code Section 18.2-251.
  • Drive to and from class after providing your class schedule, if you are a student.
  • Drive for medically necessary reasons if you, an elderly relative, or any household member needs medical care. You may need to provide written verification of medical need from a licensed medical health professional and will typically be required to carry a doctor’s appointment card when driving to and from the appointment.
  • Drive a minor child that you care for to and from school, day care, or medical service providers, or travel to court ordered visitation with a child.
  • Drive to and from court appearances; to jail if you are serving sentences on weekends or non-consecutive days; to a facility that installs and monitors ignition interlock devices; or to appointments approved by the Department of Social Services.

Depending upon your specific situation, the judge may allow driving under limited additional circumstances. It is up to you to show that you need a restricted license to do a certain type of driving. A Fairfax restricted license lawyer will help.

Getting Help from a Fairfax Restricted License Lawyer

A Fairfax restricted license lawyer will help you to explore all possible legal options you have to restore your right to drive. Your attorney can explain the laws, help you apply for and argue for a restricted license, and assist you in complying with all requirements imposed by the court. To learn more, contact an attorney today.

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