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2008 SESSION
083122304Be it enacted by the General Assembly of Virginia:
1. That § 46.2-301 of the Code of Virginia are 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 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 (iii) who has been forbidden, as prescribed by operation of any statute 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 violation of subsection B is a Class 1 misdemeanor. A third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days. However, the court shall not be required to impose a 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.
D. Upon a violation of subsection B, the court shall suspend the person's license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked. In the event the person violated 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 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired.
E. The court may, in its discretion and for good cause
shown, provide that [ such person a person convicted of
violating subsection B ] 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 [ , but no
restricted permit shall be issued for a second or subsequent violation of
subsection B occurring within a 12 month period ] . The
court shall forward to the Commissioner a copy of its order entered pursuant to
this section, 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 the 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. 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.)
F. Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272.