— Military
License Suspensions And Military Members: Navigating The Legal Process
A license suspension can negatively affect virtually any career, including a military career. Servicemembers in Virginia may lose the right to operate a range of military and civilian vehicles after a license suspension, and a revocation of these privileges applies to both on and off-base driving. Resolving a license suspension makes more sense than continuing to drive without proper authorization, a risky endeavor that can lead to increasingly serious consequences. Servicemembers have the option to work with experienced traffic ticket defense lawyers in Virginia and address their suspended licenses. Contact Driving Defense Law today at (757) 929-0335 to discuss the legal process ahead.
Why Might My License Be Suspended in Virginia?
The Virginia Department of Vehicles lists many reasons for a potential license suspension. One of the most common reasons is failing to pay certain fees – including uninsured motor vehicle fees and child support. However, it is now impossible to face a license suspension simply for failing to pay fines – including traffic tickets. Unpaid toll fees can still lead to suspensions. Drivers may also face license suspensions if they fail to properly insure their vehicles.
Reckless driving convictions can lead to license suspensions, and drivers may also lose their licenses for providing alcohol to minors or intoxicated people. In addition, drivers may lose their driving privileges if they accumulate a certain number of “demerit points” on their licenses. Finally, a driver might face a suspended license while suffering from mental or physical conditions that impair their ability to drive.
Military Licenses and Civilian Licenses Are Not the Same
When dealing with license suspensions, it is important to distinguish between military licenses and civilian licenses. While most soldiers possess both, it is technically possible to drive military vehicles without first obtaining a civilian license. There are numerous accounts of soldiers (usually teenagers) driving military vehicles such as Strykers before learning how to drive a car. There are even known cases of tank drivers in the US Army who have never driven a car.
According to the Department of Defense, a soldier may lose their military driving privileges for various reasons. They may be stopped by law enforcement personnel on military bases (military police) – either while driving a normal vehicle or a military vehicle of some kind. During these stops, on-base law enforcement may confirm that the driver is authorized to operate the specific vehicle in question – whether it is a tank, armored personnel carrier, or passenger sedan. Law enforcement may also determine possible intoxication levels with blood, breath, or urine tests. In the case of a violation, the installation commander may impound the vehicle, suspend on-base driving privileges, or both.
A Civilian License Suspension Causes Military Suspension
The Army Driver and Operator Standardization Program states that if a soldier has their civilian license suspended, the Army will automatically suspend their military license as well. In the Army, this license is called an “OF 346” or a “DA Form 5984.” A suspended civilian license will make it impossible to drive any motor vehicle on-base, including military and civilian vehicles. This highlights the need to work with an experienced traffic ticket defense lawyer in Virginia after a civilian license suspension, especially for soldiers who focus on operating military vehicles. Military members might consider contacting Driving Defense Law after a civilian driving license suspension for further guidance.
What Happens if I Drive on a Suspended License?
The consequences of driving on a suspended license depend on various factors. First, the military (not civilian police) generally enforces consequences for soldiers who drive with suspended licenses on-base. Driving on a suspended license is unlikely to result in a court-martial, but it can still lead to Article 15 punishments. While a court-martial is equivalent to a criminal charge in civilian life, an Article 15 punishment is more like a non-criminal infraction. That being said, Article 15 penalties can still be quite serious – and it is possible to lose driving privileges for years after driving on-base with a suspended license.
Can I Fight a Suspended License While in the Military?
Drivers may be able to resolve their Virginia license suspensions in various ways. The most appropriate action plan depends on the circumstances of the suspension, and some methods may be easier than others. For example, the license suspension may have been caused by a clerical or database error – and a quick phone call could resolve the issue. Some drivers may be able to address their suspensions by paying outstanding fees, such as child support or tolls. Others can renew expired insurance to get their licenses back. Often, these mistakes are purely accidental and easily fixed.
Other strategies may be more complex. If a soldier accumulates too many demerit points, they may need to fight the ticket that pushed them over the edge. For example, a speeding ticket in Virginia is generally a 3-point offense. If a soldier successfully fights that ticket, they may be able to push their demerit points down to acceptable levels and recover their driving privileges. The same logic applies to fighting a reckless driving conviction in Virginia.
Fighting a Military Driver’s License Suspension
If a soldier specifically loses their military driving license (OF 346 or a DA Form 5984), they may need to focus on the circumstances of the situation. For example, they may have faced consequences for crashing an armored personnel carrier into a wall. However, a lawyer who has experience with military justice may be able to raise an effective defense. Perhaps the soldier was never properly trained to operate the armored personnel carrier, and they were forced to get behind the wheel by an ill-informed superior officer.
Contact the Experienced Military License Suspension Attorneys at Driving Defense Law Today
A license suspension has the potential to affect military careers, but there is no need to simply sit back and allow these consequences to occur. Military members may be able to resolve this issue, and the most appropriate response plan depends on the unique factors at play. After online research, service members may discuss their specific circumstances alongside an experienced license suspension lawyer in Virginia. Remember, the penalties for driving on a suspended license can be severe in both the military and civilian life. Learn more about your legal rights after a license suspension as a military member with an experienced attorney at Driving Defense Law, and consider calling (757) 929-0335 to get started with a consultation.