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QuestionInsurance Question  A friend was given a ticket for driving someone else's car without a license in Virginia. She doesn't have a license and is illegal. She is supposed to be in court next month. What will happened to her?

AnswerAuto Insurance Answer

Residents and non-residents are required to hold a valid driver's license before operating a motor vehicle in the Commonwealth of Virginia. Driving using a fake or counterfeit license is considered the same as driving without a license, just in case your friend had any type of fake license she was trying to use.

Driving without a license in VA is a Class 2 misdemeanor and carries a penalty of up to six months in jail and a fine of up to $1,000. A second or subsequent violation of this section is a Class 1 misdemeanor (VA Code 46.2-300). Also upon conviction under this section, the court may suspend the person's privilege to drive for a period not to exceed 90 days if the person does receive a license.

Depending on the circumstances, mere possession of a counterfeit or fake license could be a Class 1 misdemeanor which carries a penalty of up to 12 months in jail and a fine of not more than $2,500 in case your friend that was an illegal immigrant had a fake license in her possession.

Also Virginia Code Section 46.2-349 notes that no person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so or in violation of any of the provisions of this chapter. And 46.2-350 notes the penalty for this violation as a Class 2 misdemeanor. So the car owner that allowed your unlicensed friend to drive their vehicle may also be penalized according to Virginia laws.

As for the issue of your friend being illegal we take this to mean that your friend is not legally in the United States and thus is an illegal immigrant. This issue would be one that law enforcement in Virginia would probably refer to the United States Immigration and Customs Enforcement center. This federal agency would then look into the person's status and likely either file immigration charges against the person or perhaps even deport your friend back to their home country.

For your friend to get more of an idea of what she is facing in court she can call the court to discuss the possible penalties and if she should obtain legal counsel to come with her for her court date.

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