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2004 SESSION
040938408Be it enacted by the General Assembly of Virginia:
1. That § 46.2-301 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked.
A. In addition to any other penalty provided by this section, any motor vehicle
administratively impounded or immobilized under the provisions of § 46.2-301.1
may, in the discretion of the court, be impounded or immobilized for an additional
period of up to ninety 90 days upon conviction of an offender for driving while
his driver's license, learner's permit, or privilege to drive a motor vehicle
has been suspended or revoked for (i) a violation of §§ 18.2-36.1, 18.2-51.4,
18.2-266 or § 46.2-341.24 or a substantially similar ordinance or law in any
other jurisdiction or (ii) driving after adjudication as an habitual offender,
where such adjudication was based in whole or in part on an alcohol-related
offense, or where such person's license has been administratively suspended
under the provisions of § 46.2-391.2. However, if, at the time of the
violation, the offender was driving a motor vehicle owned by another person, the
court shall have no jurisdiction over such motor vehicle but may order the
impoundment or immobilization of a motor vehicle owned solely by the offender at the
time of arrest. All costs of impoundment or immobilization, including removal
or storage expenses, shall be paid by the offender prior to the release of his
motor vehicle.
B. Except as provided in §§ 46.2-304 and 46.2-357, no resident or nonresident
(i) whose driver's license, learner's permit, or privilege to drive a motor vehicle has
been suspended or revoked or (ii) who has been directed not to drive by any
court, or by the Commissioner, or by operation of law pursuant to this
title or (iii) who has been forbidden, as prescribed by law, by the
Commissioner, the State Corporation Commission, the Commonwealth Transportation
Commissioner, any court, or the Superintendent of State Police operation of any
statute [ or substantially similar ordinance of the Commonwealth or a
substantially similar ordinance of any county, city or town ] , to operate a
motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any
self-propelled machinery or equipment on any highway in the Commonwealth until the
period of such suspension or revocation has terminated or the privilege has
been reinstated. A clerk's notice of suspension of license for failure to pay
fines or costs given in accordance with § 46.2-395 shall be sufficient notice
for the purpose of maintaining a conviction under this section. For the
purposes of this section, the phrase "motor vehicle or any self-propelled
machinery or equipment" shall not include mopeds.
C. A first or second offense of violating this section shall constitute
violation of subsection B is a Class 1 misdemeanor. A third or subsequent
offense shall constitute a Class 1 misdemeanor punishable by a minimum,
occurring within a 10-year period shall include a mandatory minimum
term of confinement in jail of ten 10 days which shall not be suspended
in whole or in part. However, the court shall not be required to impose a
minimum, mandatory minimum term of confinement in any case where a motor
vehicle is operated in violation of this section in a situation of apparent extreme emergency
which requires such operation to save life or limb.
In addition D. Upon a violation of subsection B, the court shall suspend the
person's driver's license or privilege to drive a motor vehicle for the same
period for which it had been previously suspended or revoked when the person
violated this section.
D. In the event the person has violated this section subsection B by driving
during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the
person's license, permit or privilege to drive for an additional period not to
exceed ninety 90 days. Any additional suspension ordered under the
provisions of this section shall, to commence upon the expiration of the
previous suspension or revocation unless the or to commence immediately if the
previous suspension or revocation has expired prior to the ordering of an
additional suspension or revocation.