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2000 SESSION
005170912Be it enacted by the General Assembly of Virginia:
1. That §§ 4.1-305 and 18.2-259.1 of the Code of Virginia are amended and reenacted as follows:
§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; exceptions; penalty; forfeiture.
A. No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall purchase or possess, or attempt to purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than twenty-one years of age is due to such person's making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer when possession of an alcoholic beverage is necessary in the performance of his duties.
B. No person under the age of twenty-one years shall use or attempt to use any (i) altered, fictitious, facsimile or simulated license to operate a motor vehicle, (ii) altered, fictitious, facsimile or simulated document, including, but not limited to a birth certificate or student identification card, or (iii) motor vehicle operator's license, birth certificate or student identification card of another person in order to establish a false identification or false age for himself to purchase or attempt to purchase an alcoholic beverage.
C. Any person found guilty of a violation of this section shall be guilty of a
Class 1 misdemeanor; and upon conviction, (i) such person shall be ordered to
pay a fine of at least $500 or ordered to perform a minimum of fifty hours of
community service and (ii) such person's license to operate a motor vehicle in
the Commonwealth may be suspended for a period of not more than one year. The
court, in its discretion and upon a demonstration of hardship, may authorize
any person convicted of a violation of this section the use of a restricted
permit to operate a motor vehicle in accordance with the provisions of
subsection D of § 16.1-278.9 or subsection E of § 18.2-271.1. The court [
shall may ] require a person issued a restricted permit under the provisions of
this subsection to be monitored by an alcohol safety action program during the
period of license suspension. The alcohol safety action program shall report
to the court any violation of the terms of the restricted permit, any condition
related thereto or any failure to remain alcohol-free during the suspension
period. However, the sentence imposed pursuant to clause (i) of this
subsection shall not be suspended.
D. Any alcoholic beverage purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-338.
E. Any retail licensee who in good faith promptly notifies the Board or any state or local law-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty for a violation of § 4.1-304.
§ 18.2-259.1. Forfeiture of driver's license for violations of article.
A. In addition to any other sanction or penalty imposed for a violation of this article, the (i) judgment of conviction under this article or (ii) placement on probation following deferral of further proceedings under § 18.2-251 or subsection H of § 18.2-258.1 for any such offense shall of itself operate to deprive the person so convicted or placed on probation after deferral of proceedings under § 18.2-251 or subsection H of § 18.2-258.1 of the privilege to drive or operate a motor vehicle, engine, or train in the Commonwealth for a period of six months from the date of such judgment or placement on probation. Such license forfeiture shall be in addition to and shall run consecutively with any other license suspension, revocation or forfeiture in effect or imposed upon the person so convicted or placed on probation. However, a juvenile who has had his license suspended or denied pursuant to § 16.1-278.9 shall not have his license forfeited pursuant to this section for the same offense.
B. The court trying the case shall order any person so convicted or placed on probation to surrender his driver's license to be disposed of in accordance with the provisions of § 46.2-398 and shall notify the Department of Motor Vehicles of any such conviction entered and of the license forfeiture to be imposed.
C. In those cases where the court determines there are compelling circumstances
warranting an exception, the court may provide that any individual be issued a
restricted license to operate a motor vehicle for any or all of the following
purposes: (i) travel to and from his place of employment; (ii) travel to a
screening, evaluation and education program entered pursuant to § 18.2-251 or
subsection H of § 18.2-258.1; (iii) travel during the hours of such person's
employment if the operation of a motor vehicle is a necessary incident of such
employment; (iv) travel to and from school if such person is a student, upon
proper written verification to the court that such person is enrolled in a
continuing program of education; or (v) such other medically necessary travel
as the court deems necessary and proper upon written verification of need by a
licensed health professional. No restricted license issued pursuant to this
subsection shall permit any person to operate a commercial motor vehicle as
defined in the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.).
The court shall order the surrender of such person's license in accordance with
the provisions of subsection B and shall forward to the Commissioner of the
Department of Motor Vehicles a copy of its order entered pursuant to this
subsection. This order shall specifically enumerate the restrictions imposed
and contain such information regarding the person to whom such a permit is
issued as is reasonably necessary to identify such person. The court shall also
provide a copy of its order to such person who may operate a motor vehicle on
the order until receipt from the Commissioner of the Department of Motor
Vehicles of a restricted license, but only if the order provides for a
restricted license for that period. A copy of the order and, after receipt
thereof, the restricted license shall be carried at all times by such person
while operating a motor vehicle. The court [ shall may ] require a person
issued a restricted permit under the provisions of this subsection to be monitored by an alcohol safety action program during
the period of license suspension. Any violation of the terms of the restricted
license or of any condition set forth by the court related thereto, or any
failure to remain drug-free during such period shall be reported forthwith to
the court by such program. Any person who operates a motor vehicle in
violation of any restriction imposed pursuant to this section shall be guilty of a
violation of § 46.2-301.