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2004 SESSION
047234782Be 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 ninety90 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, 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, 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. 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 includes mopeds.
C. A first or second offense of violating this section shall constitute a Class
1 misdemeanor. A third or subsequent offense shall constitute a Class 1
misdemeanor punishable by a minimum, mandatory term of confinement in jail of
ten10 days which shall not be suspended in whole or in part. However, the
court shall not be required to impose a minimum, mandatory 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, the court shall suspend the person's driver's license 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 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 ninety90 days. Any additional suspension
ordered under the provisions of this section shall commence upon the expiration
of the previous suspension or revocation unless the previous suspension or
revocation has expired prior to the ordering of an additional suspension or
revocation.