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2001 SESSION

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SB 904 Forfeiture of driver's license for driving while intoxicated.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Driving while intoxicated, review of DMV license suspension by Court. Reinstates language that affirms that the court trying a second-offense DUI shall order the surrender of the person's driver's license and shall notify such person that his license has been revoked for a period of three years. Current language is unclear as to whether the court has such authority. The bill also amends changes to DUI law made last year to clarify that second offense and third offense DUIs 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, or modify the order to correct a manifest injustice. The bill also provides that DMV will enforce requirements pertaining to ignition interlock systems if the court fails, without explanation for its reasoning, to require an offender to install an ignition interlock system as a second or subsequent offense under § 18.2-51.4 (maiming another while driving intoxicated), § 18.2-266 (driving while intoxicated) or a substantially similar ordinance of any county, city or town. This bill incorporates SB 1129.


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