2006 Code of Virginia § 46.2-301 - Driving while license, permit, or privilege to drive suspended or revoked

46.2-301. Driving while license, permit, or privilege to drive suspended orrevoked.

A. In addition to any other penalty provided by this section, any motorvehicle administratively impounded or immobilized under the provisions of 46.2-301.1 may, in the discretion of the court, be impounded or immobilizedfor an additional period of up to 90 days upon conviction of an offender fordriving while his driver's license, learner's permit, or privilege to drive amotor vehicle has been suspended or revoked for (i) a violation of 18.2-36.1, 18.2-51.4, 18.2-266 or 46.2-341.24 or a substantially similarordinance or law in any other jurisdiction or (ii) driving after adjudicationas an habitual offender, where such adjudication was based in whole or inpart on an alcohol-related offense, or where such person's license has beenadministratively suspended under the provisions of 46.2-391.2. However, if,at the time of the violation, the offender was driving a motor vehicle ownedby another person, the court shall have no jurisdiction over such motorvehicle but may order the impoundment or immobilization of a motor vehicleowned solely by the offender at the time of arrest. All costs of impoundmentor immobilization, including removal or storage expenses, shall be paid bythe offender prior to the release of his motor vehicle.

B. Except as provided in 46.2-304 and 46.2-357, no resident or nonresident(i) whose driver's license, learner's permit, or privilege to drive a motorvehicle has been suspended or revoked or (ii) who has been directed not todrive by any court or by the Commissioner, or (iii) who has been forbidden,as prescribed by operation of any statute of the Commonwealth or asubstantially similar ordinance of any county, city or town, to operate amotor vehicle in the Commonwealth shall thereafter drive any motor vehicle orany self-propelled machinery or equipment on any highway in the Commonwealthuntil the period of such suspension or revocation has terminated or theprivilege has been reinstated. A clerk's notice of suspension of license forfailure to pay fines or costs given in accordance with 46.2-395 shall besufficient notice for the purpose of maintaining a conviction under thissection. For the purposes of this section, the phrase "motor vehicle or anyself-propelled machinery or equipment" shall not include mopeds.

C. A violation of subsection B is a Class 1 misdemeanor. A third orsubsequent offense occurring within a 10-year period shall include amandatory minimum term of confinement in jail of 10 days. However, the courtshall not be required to impose a mandatory minimum term of confinement inany case where a motor vehicle is operated in violation of this section in asituation of apparent extreme emergency which requires such operation to savelife or limb.

D. Upon a violation of subsection B, the court shall suspend the person'slicense or privilege to drive a motor vehicle for the same period for whichit had been previously suspended or revoked.

In the event the person violated subsection B by driving during a period ofsuspension or revocation which was not for a definite period of time, thecourt shall suspend the person's license, permit or privilege to drive for anadditional period not to exceed 90 days, to commence upon the expiration ofthe previous suspension or revocation or to commence immediately if theprevious suspension or revocation has expired.

E. Any person who operates a motor vehicle or any self-propelled machinery orequipment in violation of the terms of a restricted license issued pursuantto subsection E of 18.2-271.1 is not guilty of a violation of this sectionbut is guilty of a violation of 18.2-272.

(Code 1950, 46-347.1; 1952, c. 666; 1958, c. 541, 46.1-350; 1960, c. 364;1962, c. 302; 1964, c. 239; 1966, cc. 546, 589; 1968, c. 494; 1970, c. 507;1984, c. 780; 1985, c. 232; 1988, c. 859; 1989, c. 727; 1991, c. 64; 1992, c.273; 1993, c. 24; 1994, cc. 359, 363; 1997, c. 691; 2000, cc. 956, 982; 2004,cc. 461, 801, 948.)


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