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2007 SESSION

073067380
HOUSE BILL NO. 1708
Offered January 10, 2007
Prefiled December 15, 2006
A BILL to amend and reenact § 46.2-392 of the Code of Virginia, relating to suspension of driver's license for reckless driving; alcohol safety action program.
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Patron-- Lingamfelter
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1.  That § 46.2-392 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-392. Suspension of license or issuance of a restricted license on conviction of reckless or aggressive driving; probationary conditions required; generally.

In addition to the penalties for reckless driving prescribed in § 46.2-868 and the penalties for aggressive driving prescribed in § 46.2-868.1, the court may suspend the driver's license issued to a person convicted of reckless driving or aggressive driving for a period of not less than 10 days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with § 46.2-398.

Additionally, any person convicted of a reckless driving offense which the court has reason to believe is alcohol-related or drug-related may be required as a condition of probation or otherwise to enter into and successfully complete an alcohol safety action program. If the court has suspended a person's driver's license for reckless driving that was alcohol-related or drug-related and has required the person to enter into and successfully complete an alcohol safety action program, the Commissioner shall not reinstate the driver's license of the person until receipt of notification that the person has successfully completed an alcohol safety action program, unless the requirement for completion of the program has been waived by the court for good cause shown. Where any person is charged with a violation of § 18.2-266 or 46.2-341.24 or a substantially similar ordinance and the court amends the charge to one of reckless driving, such amendment shall be deemed an indication that the reckless driving is alcohol-related or drug-related for purposes of this section, unless the court orders otherwise.

If a person so convicted has not obtained the license required by this chapter, or is a nonresident, the court may direct in the judgment of conviction that he shall not, for a period of not less than 10 days or more than six months as may be prescribed in the judgment, drive any motor vehicle in the Commonwealth. The court or the clerk of court shall transmit the license to the Commissioner along with the report of the conviction required to be sent to the Department.

The court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle during the period of suspension for any of the purposes set forth in subsection E of § 18.2-271.1. The court shall order the surrender of such person's license to operate a motor vehicle to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to the person who may operate a motor vehicle on the order until receipt from the Commissioner of a restricted license. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be punished as provided in subsection C of § 46.2-301. No restricted license issued pursuant to this section shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.).