The Virginia driver's manual states that a minor with a learner’s permit is permitted to operate a motor vehicle when a licensed driver at least 21 years of age is seated beside you. The driver accompanying you may be 18 years of age if he or she is your legal guardian, brother, sister, half-brother, half-sister, step-brother or step-sister.
The driver accompanying, that is supervising your ability to operate the vehicle, must hold a valid driver’s license, be alert and able to assist you and be legally permitted to drive.
In Virginia, a learner's permit violation is worth 3 points on your license and stays on your driving record for 3 years.
Section 46.2-335 of the Virginia Code discusses learner permits and the need for the accompanying driver to be 21 years of age. It mentions in this VC that any violation of this section shall be punishable as a Class 2 misdemeanor.
It is our understanding that in VA a Class 2 misdemeanor can come with penalties of confinement in jail for up to six months and a fine of up to $1,000, either or both.
If you were cited for this permit restriction violation you should contact the court listed on the ticket to find out what penalties you may be facing. The VA DMV may also be able to advise you about the penalties that are associated with this violation.
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