We are not lawyers so we cannot advise you as to how you can defend yourself in court, you will need to seek legal advice from a lawyer that specializes in this area of Virginia law. We can however give you the information we have regarding your situation in hopes that it helps you decide on what next steps to take.

As a visitor to the US you are likely aware that the US has reciprocity with other countries listed in the International Convention on Road Traffic. This Convention is intended to establish uniform reciprocal privileges on matters such as drivers' permits. The agreement also requires the US and its states to allow a foreign driver admitted to the US to drive a private motor vehicle for one year on certain conditions.

According to the information we have found by the American Association of Motor Vehicle Administrations (AAMVA), the conviction allows members to require that a foreign motorist possess a valid IDP, the US has not done so though.

An International Driving Permit (IDP) issued outside of the United States of America is recognized by States within the US but typically only as a secondary document in conjunction with a valid foreign issued driver's license. It is the foreign license that typically is acknowledged as validation that the person has driving privileges allotted to them by their home country and thus in the US while they are in it for that one year period.

So while having an IDP may be helpful as a secondary form of ID showing that you have a valid license, it is your foreign license that allows you to drive in the United States. To the best of our knowledge you are allowed to drive in the US on your foreign license for up to 1 year as a tourist, if you have been in the US longer than 1 year then you likely would be required by the state in which you are residing to obtain a driver's license there.

The VA Department of Motor Vehicles site notes that visitors holding an international license issued by a foreign country may operate a vehicle in this country, but only if the international license is accompanied by a valid driver's license issued by the person's home country. So your IDP alone may be enough for a rental agency to allow you to rent a vehicle however it is your actual Indian driver's license that permits you to drive in VA.

Residents and non-residents are required to hold a valid driver's license before operating a motor vehicle in the Commonwealth of VA. Driving without a license is a Class 2 misdemeanor and carries a penalty of up to six months in jail and a fine of up to $1,000.

The Code of Virginia, section 46.2-307, pertains to your situation. This part of Virginia law is titled nonresidents licensed under laws of home state or country; extension of reciprocal privileges. Here it states:

A. A nonresident over the age of sixteen years and three months who has been duly licensed as a driver under a law requiring the licensing of drivers in his home state or country and who has in his immediate possession a driver's license issued to him in his home state or country shall be permitted, without a Virginia license, to drive a motor vehicle on the highways of the Commonwealth.

B. Notwithstanding any other provisions of this chapter, the Commissioner, with the consent of the Governor, may extend to nonresidents from foreign countries the same driver's licensing privileges which are granted by the foreign country, or political subdivision wherein such nonresidents are residents, to residents of this Commonwealth residing in such foreign country or political subdivision.

C. Driver's license privileges may be extended to nonresidents from foreign countries or political subdivisions who are over the age of sixteen years and three months, have been duly licensed as drivers under a law requiring the licensing of drivers in their home country or political subdivision, and have in their immediate possession a driver's license issued to them in their home country or political subdivision.

The VA highway patrol noted that persons needing legal advice may contact the Virginia Lawyer Referral Service at 1-800-552-7977 for referral to a private attorney for consultation at a nominal pre-paid fee. You may want to use this or find a lawyer of your own to see if you show a valid driver's license from India to the court if your citation for driving without a license can be reduced or dismissed. The court listed on your ticket may also be able to advise you regarding this situation.

If you are going to be staying in Virginia and purchasing a car you can get Virginia auto insurance here with us once you obtain a VA driver's license.