No person, except those expressly exempted in §§ 46.2-303 through 46.2-308, shall drive any motor vehicle on any highway in the Commonwealth until such person has applied for a driver's license, as provided in this article, satisfactorily passed the examination required by § 46.2-325, and obtained a driver's license, nor unless the license is valid.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor.
Upon conviction under this section, the court may suspend the person's privilege to drive for a period not to exceed 90 days.
The court may, in its discretion, dismiss the summons or warrant, where proof of compliance with this section is provided to the court on or before the court date, unless such person was operating a commercial motor vehicle as defined in § 46.2-341.4.
Code 1950, § 46-347; 1958, c. 541, § 46.1-349; 1968, c. 494; 1970, c. 347; 1984, c. 780; 1989, c. 727; 2005, c. 245; 2007, c. 532; 2008, c. 684; 2025, c. 121.
Notes of Decisions
Cited in
37
cases (
8 in the last 5 years), 1997–2026 · leading case:
Harris v. Commonwealth, 576 S.E.2d 228 (Va. Ct. App. 2003).
Harris v. Commonwealth, 576 S.E.2d 228 (Va. Ct. App. 2003).
· cites it 16× “The panel affirmed Harris' conviction for driving without a license, in violation of Code § 46.2-300, finding that the summons upon which he was tried was sufficient to present the charge for trial.”
Shreve v. Commonwealth, 605 S.E.2d 780 (Va. Ct. App. 2004).
· cites it 36× “Vicki Lee Shreve was convicted in a bench trial of driving without a valid license, in violation of Code § 46.2-300. On appeal, Shreve contends the evidence was insufficient, as a matter of law, to prove that her suspended license was not a “valid” license as contemplated by…”
Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016).
· cites it 8× “At most, appellant contended that he was guilty of violating Code § 46.2-300, which punishes as a Class 2 misdemeanor any person who drives without a valid license on a highway in the Commonwealth.”
Meierotto v. Commonwealth, 646 S.E.2d 1 (Va. Ct. App. 2007).
· cites it 26× “William Douglas Meierotto, appellant, was convicted, in a bench trial, of operating a motor vehicle without a valid Virginia operator’s license, in violation of Code § 46.2-300. On appeal, he contends that since he had a valid Oregon commercial driver’s license, he was duly…”
Sink v. Commonwealth, 507 S.E.2d 670 (Va. Ct. App. 1998).
· cites it 4× “Code § 46.2-300 prohibits driving without a license.”
Robert Ryan Grasty v. Commonwealth of Virginia, 807 S.E.2d 238 (Va. Ct. App. 2017).
· cites it 18× “Grasty argues that the circuit court erred in convicting him of driving on a suspended license, third or subsequent offense because at the time of the offense, he qualified for the exemption to the driver’s license requirements provided for commercial fishermen through Code §§…”
Aminata Carew v. Commonwealth of Virginia, 750 S.E.2d 226 (Va. Ct. App. 2013).
· cites it 16× “The trial court convicted Aminata Carew (appellant) of driving a motor vehicle without a valid driver’s license in violation of Code § 46.2-300. Appellant essentially contends the evidence was insufficient for conviction, because that evidence did not show she had been notified…”
Chezmin Brittany Suter v. Commonwealth of Virginia, 796 S.E.2d 416 (Va. Ct. App. 2017).
· cites it 6× “2—460(D); and one count of driving without an operator’s license, in violation of Code § 46.2-300. On September 23, 2015, Suter was tried in a bench trial.”
Saunders v. Commonwealth, 629 S.E.2d 701 (Va. Ct. App. 2006).
· cites it 2× “2-100 (defining “motor vehicle”); Code § 46.2-300 (requiring driver’s license for operation of “motor vehicle”); see also Diggs, 6 Va.”
Richard Daniel Peters, Jr. v. Commonwealth of Virginia, 791 S.E.2d 764 (Va. Ct. App. 2016).
· cites it 2× “2d 226, 228 (2013) (holding that the Commonwealth is required to prove notice to sustain a conviction for driving without a valid license under Code § 46.2-300). The appellant contends that the evidence did not conclusively establish that he received actual notice of his license…”
Corbin v. Commonwealth, 604 S.E.2d 111 (Va. Ct. App. 2004).
· cites it 2× “Appellant responds that this provision applies only to Code §§ 46.2-300 through 46.2-506. We agree.”
West v. Commonwealth, 549 S.E.2d 605 (Va. Ct. App. 2001).
· cites it 2× “2-848, a traffic infraction, and subsequently discovered appellant was also in violation of Code § 46.2-300, for driving without a valid operator’s license, a Class 2 misdemeanor.”
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