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2001 SESSION

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HB 1617 Appeals from order suspending or revoking license or registration.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Appeals from order suspending or revoking license or registration. Provides that in the case of manifest injustice a person aggrieved by an order or act of the Commissioner of the Department of Motor Vehicles requiring suspension or revocation of a license is entitled to judicial review and adds that the court may order that the Commissioner modify a suspension or issue a restricted license. Manifest injustice is defined as those instances where the Commissioner's order was the result of an error, was issued without authority or jurisdiction or conflicts with a final court order. There is no appeal from the circuit court's determination. HB 1812 was incorporated into this bill.

SUMMARY AS PASSED HOUSE:

Appeals from order suspending or revoking license or registration. Amends changes to DUI law made last year to clarify that second offense and third offense DUI must be alleged. Reinstates stricken language to clarify penalties. The bill also provides that any person aggrieved by any order or act of the Commissioner of the Department of Motor Vehicles requiring suspension or revocation of a license is entitled to judicial review and adds that the court may modify a suspension, issue a restricted license, reinstate the license or registration, or fashion any other equitable remedy to correct an injustice.

SUMMARY AS INTRODUCED:

Appeals from order suspending or revoking license or registration. Provides that any person aggrieved by any order or act of the Commissioner of the Department of Motor Vehicles requiring suspension or revocation of a license or registration is entitled to judicial review. The bill removes the provision that disallows such review if the suspension, etc., was mandatory and adds that the court may modify a suspension, issue a restricted license, reinstate the license or registration, or fashion any other equitable remedy to correct an injustice.