Posted on / May 23, 2016 12:35:45
You're right that 46.2-300 holds those potential sentences for a first offense. While it may be unlikely that someone with a good record won't receive any jail time, it is indeed up to the judge's discretion if you are found guilty. Sometimes a judge may reduce the charge to failing to have a license in possession if the driver has restored the license before the court date - I believe the fine for that is only $10. You may wish to consult with a traffic attorney familiar with the jurisdiction where you received your ticket to get an idea of the chances in your particular situation. Good luck!