46.2-410.1 - Judicial review of revocation or suspension by Commissioner. - Virginia Statutes

§ 46.2-410.1. Judicial review of revocation or suspension by Commissioner.

A. Notwithstanding the provisions of § 46.2-410, when the Commissioner ordersa revocation or suspension of a person's driver's license under theprovisions of this chapter, unless such revocation or suspension is requiredunder § 46.2-390.1, the person so aggrieved may, in cases of manifestinjustice, within sixty days of receipt of notice of the suspension orrevocation, petition the circuit court of the jurisdiction wherein he residesfor a hearing to review the Commissioner's order. Manifest injustice isdefined as those instances where the Commissioner's order was the result ofan error or was issued without authority or jurisdiction. The person shallprovide notice of his petition to the attorney for the Commonwealth of thatjurisdiction.

B. At the hearing on the petition, if the court finds that the Commissioner'sorder is manifestly unjust the court may, notwithstanding any other provisionof law, order the Commissioner to modify the order or issue the person arestricted license in accordance with the provisions of § 18.2-271.1. For anyaction under this section, no appeal shall lie from the determination of thecircuit court.

C. This section shall not apply to any disqualification of eligibility tooperate a commercial motor vehicle imposed by the Commissioner pursuant toArticle 6.1 (§ 46.2-341.1 et seq.) of this chapter.

(2001, cc. 739, 749; 2002, c. 811.)