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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
LD1080198Be it enacted by the General Assembly of Virginia:
1. That § 18.2-259.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-259.1. Restriction of driver's license for violations of article.
A. In addition to any other sanction or penalty imposed for a violation of
this article, in the event of the (i) judgment of
conviction under this article or (ii) placement on probation following
deferral of further proceedings under § 18.2-251 for any such
offense, the court shall of itself operate to
deprive restrict the license or other privilege to
drive a motor vehicle, engine or train of the person so
convicted or placed on probation after deferral of proceedings under §
18.2-251 of the privilege to drive or operate a motor vehicle, engine, or
train in the Commonwealth for a period of six months from the date of
such judgment,.in accordance, mutatis mutandis, with the
restrictions and permissible purposes set forth in § 18.2-271.1E. Written
verifications as required under § 18.2-271.1E of the licensee's continuing
education or medically necessary travel shall also be required by and made
available to the Commissioner. Such license forfeiture
restriction shall be in addition to and shall run consecutively
with any other license restriction, suspension, revocation or
forfeiture in effect or imposed upon the person so convicted or placed on
probation. However, a juvenile who has had his license suspended or denied
pursuant to § 16.1-278.9 shall not have his license forfeited
restricted pursuant to this section for the same offense.
B. The court trying the case shall order any person so convicted or placed
on probation to surrender his driver's license to be disposed of in
accordance with the provisions of § 46.2-398 and shall notify the Department
of Motor Vehicles of any such conviction entered and of the license
forfeiture restriction to be imposed.
C. In those cases where the court determines there are compelling
circumstances warranting an exception, the court may provide that any
individual for whom the court has deferred further proceedings pursuant to §
18.2-251 be issued a restricted license to operate a motor vehicle for any or
all of the following purposes: (i) travel to and from his place of
employment; (ii) travel to a screening, evaluation and education program
entered pursuant to § 18.2-251; (iii) travel during the hours of such
person's employment if the operation of a motor vehicle is a necessary
incident of such employment; (iv) travel to and from school if such person is
a student, upon proper written verification to the court that such person is
enrolled in a continuing program of education; or (v) such other medically
necessary travel as the court deems necessary and proper upon written
verification of need by a licensed health professional. No restricted
license issued pursuant to this subsection 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.). The court shall order the surrender of such person's license in
accordance with the provisions of subsection B and shall forward to the
Commissioner of the Department of Motor Vehicles a copy of its order entered
pursuant to this subsection. This order 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 such person who
may operate a motor vehicle on the order until receipt from the Commissioner
of the Department of Motor Vehicles of a restricted license, but only if
the order provides for a restricted license for that period. A copy of
the order and, after receipt thereof, the restricted license shall be carried
at all times by such person while operating a motor vehicle. Any person who
operates a motor vehicle in violation of any restriction imposed pursuant to
this section shall be guilty of a violation of § 46.2-301.