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1995 SESSION

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SB 828 Habitual Offender Act.

Introduced by: Thomas K. Norment, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Administrative Habitual Offender Act. Makes the habitual offender process administrative, under the Commissioner of DMV, rather than a judicial process. Advance notice of the likelihood of determination as an habitual offender is given to an offender, as under current law, when the Commissioner determines that a future conviction will result in the determination. Upon conviction of a person for an offense which qualifies as an habitual offender offense, the court is required to review the offender's driving record to determine if the conviction will bring the offender under the habitual offender law. If such is the case, the court is to issue an order to show cause, thereby avoiding the need to subsequently serve notice of the show cause proceeding upon the offender. The show cause proceeding is stayed, however, if the offender appeals the conviction.

A person who is determined by the Commissioner to be an habitual offender may petition the circuit court for review of the Commissioner's determination. In order to have a license restored or obtain a restricted license, local VASAP programs must first make recommendations, after passage of current waiting periods, to the Commissioner.


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