18.2-259.1 - Forfeiture of driver's license for violations of article. - Virginia Statutes

§ 18.2-259.1. Forfeiture of driver's license for violations of article.

A. In addition to any other sanction or penalty imposed for a violation ofthis article, the (i) judgment of conviction under this article or (ii)placement on probation following deferral of further proceedings under §18.2-251 or subsection H of § 18.2-258.1 for any such offense shall of itselfoperate to deprive the person so convicted or placed on probation afterdeferral of proceedings under § 18.2-251 or subsection H of § 18.2-258.1 ofthe privilege to drive or operate a motor vehicle, engine, or train in theCommonwealth for a period of six months from the date of such judgment orplacement on probation. Such license forfeiture shall be in addition to andshall run consecutively with any other license suspension, revocation orforfeiture in effect or imposed upon the person so convicted or placed onprobation. However, a juvenile who has had his license suspended or deniedpursuant to § 16.1-278.9 shall not have his license forfeited pursuant tothis section for the same offense.

B. The court trying the case shall order any person so convicted or placed onprobation to surrender his driver's license to be disposed of in accordancewith the provisions of § 46.2-398 and shall notify the Department of MotorVehicles of any such conviction entered and of the license forfeiture to beimposed.

C. In those cases where the court determines there are compellingcircumstances warranting an exception, the court may provide that anyindividual be issued a restricted license to operate a motor vehicle for anyof the purposes set forth in subsection E of § 18.2-271.1. No restrictedlicense issued pursuant to this subsection shall permit any person to operatea commercial motor vehicle as defined in the Virginia Commercial Driver'sLicense Act (§ 46.2-341.1 et seq.). The court shall order the surrender ofsuch person's license in accordance with the provisions of subsection B andshall forward to the Commissioner of the Department of Motor Vehicles a copyof its order entered pursuant to this subsection. This order shallspecifically enumerate the restrictions imposed and contain such informationregarding the person to whom such a permit is issued as is reasonablynecessary to identify such person. The court shall also provide a copy of itsorder to such person who may operate a motor vehicle on the order untilreceipt from the Commissioner of the Department of Motor Vehicles of arestricted license, but only if the order provides for a restricted licensefor that period. A copy of the order and, after receipt thereof, therestricted license shall be carried at all times by such person whileoperating a motor vehicle. The court may require a person issued a restrictedpermit under the provisions of this subsection to be monitored by an alcoholsafety action program during the period of license suspension. Any violationof the terms of the restricted license or of any condition set forth by thecourt related thereto, or any failure to remain drug-free during such periodshall be reported forthwith to the court by such program. Any person whooperates a motor vehicle in violation of any restriction imposed pursuant tothis section shall be guilty of a violation of § 46.2-301.

(1992, cc. 58, 833; 1993, c. 920; 1994, cc. 403, 545; 1999, c. 45; 2000, c.325; 2001, cc. 645, 779.)