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46.2-358 - Restoration of privilege of driving motor vehicle; when petition may be brought; terms and conditions.

§ 46.2-358. Restoration of privilege of driving motor vehicle; when petitionmay be brought; terms and conditions.

In any case where the provisions of § 46.2-360 or § 46.2-361 do not apply,five years from the date of any final order of a court entered under thisarticle, or if no such order was entered then the notice of the determinationby the Commissioner finding a person to be an habitual offender and revokinghis privilege to drive a motor vehicle in the Commonwealth, the person maypetition the court in which he was found to be an habitual offender, or anycourt of record in Virginia having criminal jurisdiction in the politicalsubdivision in which he then resides, for restoration of his privilege todrive a motor vehicle in the Commonwealth. On such petition, and for goodcause shown, the court may, upon a finding that such person does notconstitute a threat to the safety and welfare of himself or others withregard to the driving of a motor vehicle, (i) restore to the person theprivilege to drive a motor vehicle in the Commonwealth on whatever conditionsthe court may prescribe or (ii) order that the person be issued a restrictedlicense to drive a motor vehicle in the Commonwealth for any of the purposesset forth in and in accordance with the procedures of subsection E of §18.2-271.1, subject to other provisions of law relating to the issuance ofdriver's licenses.

(1968, c. 476, § 46.1-387.9; 1984, c. 780; 1989, c. 727; 1993, c. 617; 1995,c. 799.)

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