46.2-398 - Disposition of surrendered licenses on revocation or suspension. - Virginia Statutes

§ 46.2-398. Disposition of surrendered licenses on revocation or suspension.

In any case in which the accused is convicted of an offense, on theconviction of which the law requires or permits revocation or suspension ofthe driver's license of the person so convicted, the court shall order thesurrender of such license, which shall remain in the custody of the courtduring the period of revocation or suspension if the period does not exceed30 days.

If the revocation or suspension period exceeds 30 days, and the convictionwas obtained in a court not of record, the license shall remain in thecustody of that court (i) until the time allowed by law for an appeal to thecircuit court has elapsed, when it shall be forwarded to the Commissioner, or(ii) until an appeal to the circuit court is noted, at which time it shall bereturned to the accused.

If the revocation or suspension period exceeds 30 days, and the convictionwas obtained in the circuit court, the circuit court shall forward thelicense to the Commissioner forthwith upon the conviction.

(Code 1950, § 46-195.1; 1952, c. 66; 1958, c. 541, § 46.1-425; 1973, c. 164;1977, c. 585; 1982, c. 673; 1984, c. 780; 1989, c. 727; 2005, c. 943.)