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2001 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-395 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-395. Suspension of license for failure or refusal to pay fines or costs.
A. Any person, whether licensed by Virginia or not, who drives a motor vehicle on the highways in the Commonwealth shall thereby, as a condition of such driving, consent to pay all lawful fines, court costs, forfeitures, restitution, and penalties assessed against him for violations of the laws of the Commonwealth; of any county, city, or town; or of the United States. For the purpose of this section, such fines and costs shall be deemed to include any fee assessed by the court under the provisions of § 18.2-271.1 for entry by a person convicted of a violation of § 18.2-51.4 or § 18.2-266 into an alcohol safety action program.
B. In addition to any penalty provided by law, when any person is convicted of any violation of the law of the Commonwealth or of the United States or of any valid local ordinance and fails or refuses to provide for immediate payment in full of any fine, costs, forfeitures, restitution, or penalty lawfully assessed against him, or fails to make deferred payments or installment payments as ordered by the court, the court shall forthwith suspend the person's privilege to drive a motor vehicle on the highways in the Commonwealth. The driver's license of the person shall continue suspended until the fine, costs, forfeiture, restitution, or penalty has been paid in full. However, if the defendant, after having his license suspended, pays the reinstatement fee to the Department of Motor Vehicles and enters into an agreement under § 19.2-354 that is acceptable to the court to make deferred payments or installment payments of unpaid fines, costs, forfeitures, restitution, or penalties as ordered by the court, the court shall restore the defendant's driver's license. If the person has not obtained a license as provided in this chapter, or is a nonresident, the court may direct in the judgment of conviction that the person shall not drive any motor vehicle in Virginia for a period to coincide with the nonpayment of the amounts due.
C. Before transmitting to the Commissioner a record of the person's failure or
refusal to pay all or part of any fine, costs, forfeiture, restitution, or
penalty or a failure to comply with an order issued pursuant to § 19.2-354, the
clerk of the court that convicted the person shall send or provide or cause to
be sent to the person written notice of the suspension of his
license or privilege to drive a motor vehicle in Virginia, effective ten days from the date of
conviction, if the fine, costs, forfeiture, restitution, or penalty is not paid
prior to the effective date of the suspension as stated on the notice. Notice
shall be provided to the person at the time of trial or shall be mailed by
first-class mail to the address certified on the summons or bail recognizance
document as the person's current mailing address, or to such mailing address as
the person has subsequently provided to the court as a change of address. If so
mailed on the date of conviction or within two business days thereof, or if
delivered to the person at the time of trial, such notice shall be adequate
notice of the license suspension and of the person's ability to avoid
suspension by paying the fine, costs, forfeiture, restitution, or penalty prior
to the effective date. No other notice shall be required to make the suspension
effective. A record of the person's failure or refusal and of the license
suspension shall be sent to the Commissioner if the fine, costs, forfeiture,
restitution, or penalty remains unpaid on the effective date of the suspension
specified in the notice or on the failure to make a scheduled payment.
C1. Whenever a person provides for payment of a fine, costs, forfeiture,
restitution or penalty other than by cash and such provision for payment fails,
the clerk of the court that convicted the person shall send cause to be sent to
the person written notice of the failure and of the suspension of his license or privilege to drive in Virginia. The
license suspension shall be effective ten days from the date of the notice. The
notice shall be effective notice of the suspension and of the person's ability
to avoid the suspension by paying the full amount owed by cash, cashier's check
or certified check prior to the effective date of the suspension if the notice
is mailed by first class mail to the address provided by the person to the
court pursuant to subsection C or § 19.2-354. Upon such a failure of payment
and notice, the fine, costs, forfeiture, restitution or penalty due shall be paid
only in cash, cashier's check or certified check, unless otherwise ordered by the
court, for good cause shown.
D. If the person pays the amounts assessed against him subsequent to the time the suspended license has been transmitted to the Department, and his license is not under suspension or revocation for any other lawful reason, except pursuant to this section, then the Commissioner shall return the license to the person on presentation of the official report of the court evidencing the payment of the fine, costs, forfeiture, restitution, or penalty.
E. If the court has suspended or revoked the driver's license for any lawful reason other than this section, or the conviction is one for which revocation or suspension is required under any provision of this title, except for this section, then the suspension permitted under this section shall be in addition to, and run consecutively with, the revocation or suspension. The period of suspension shall be calculated from the date of the assessment of the fine, costs, forfeiture, restitution, or penalty until the date it has been paid.