46.2-400 - Suspension of license of person incompetent because of mental illness, mental retardation, alcoholism, or drug addiction; return of license; duty of clerk of court. - Virginia Statutes

§ 46.2-400. Suspension of license of person incompetent because of mentalillness, mental retardation, alcoholism, or drug addiction; return oflicense; duty of clerk of court.

The Commissioner, on receipt of notice that any person has been legallyadjudged to be incapacitated in accordance with Article 1 (§ 37.2-1000 etseq.) of Chapter 10 of Title 37.2 or that a person discharged from aninstitution operated or licensed by the Department of Behavioral Health andDevelopmental Services is, in the opinion of the authorities of theinstitution, not competent because of mental illness, mental retardation,alcoholism, or drug addiction to drive a motor vehicle with safety to personsor property, shall forthwith suspend his license; but he shall not suspendthe license if the person has been adjudged competent by judicial order ordecree.

In any case in which the person's license has been suspended prior to hisdischarge it shall not be returned to him unless the Commissioner issatisfied, after an examination such as is required of applicants by §46.2-325, that the person is competent to drive a motor vehicle with safetyto persons and property.

The clerk of the court in which the adjudication is made shall forthwith senda certified copy or abstract of such adjudication to the Commissioner.

(Code 1950, § 46-418; 1950, p. 949; 1954, c. 213; 1958, cc. 154, 541, §46.1-427; 1964, c. 230; 1987, c. 413; 1988, c. 78; 1989, c. 727; 1997, c.921; 2009, cc. 813, 840.)