2006 Code of Virginia § 46.2-357 - Operation of motor vehicle or self-propelled machinery or equipment by habitual offender prohibited...

46.2-357. Operation of motor vehicle or self-propelled machinery orequipment by habitual offender prohibited; penalty; enforcement of section.

A. It shall be unlawful for any person determined or adjudicated an habitualoffender to drive any motor vehicle or self-propelled machinery or equipmenton the highways of the Commonwealth while the revocation of the person'sdriving privilege remains in effect. However, the revocation determinationshall not prohibit the person from operating any farm tractor on the highwayswhen it is necessary to move the tractor from one tract of land used foragricultural purposes to another tract of land used for agriculturalpurposes, provided that the distance between the said tracts of land is nomore than five miles.

B. Except as provided in subsection D, any person found to be an habitualoffender under this article, who is thereafter convicted of driving a motorvehicle or self-propelled machinery or equipment in the Commonwealth whilethe revocation determination is in effect, shall be punished as follows:

1. If such driving does not of itself endanger the life, limb, or property ofanother, such person shall be guilty of a Class 1 misdemeanor punishable by amandatory minimum term of confinement in jail of 10 days except in caseswherein such operation is necessitated in situations of apparent extremeemergency that require such operation to save life or limb, the sentence, orany part thereof, may be suspended.

2. If such driving of itself endangers the life, limb, or property of anotheror takes place while such person is in violation of 18.2-36.1, 18.2-51.4,18.2-266 or 46.2-341.24, irrespective of whether the driving of itselfendangers the life, limb or property of another and the person has beenpreviously convicted of a violation of 18.2-36.1, 18.2-51.4, 18.2-266 or 46.2-341.24, such person shall be guilty of a felony punishable byconfinement in a state correctional facility for not less than one year normore than five years, one year of which shall be a mandatory minimum term ofconfinement or, in the discretion of the jury or the court trying the casewithout a jury, by mandatory minimum confinement in jail for a period of 12months. However, in cases wherein such operation is necessitated insituations of apparent extreme emergency that require such operation to savelife or limb, the sentence, or any part thereof, may be suspended. For thepurposes of this section, an offense in violation of a valid local ordinance,or law of any other jurisdiction, which ordinance or law is substantiallysimilar to any provision of law herein shall be considered an offense inviolation of such provision of law.

3. If the offense of driving while a determination as an habitual offender isin effect is a second or subsequent such offense, such person shall bepunished as provided in subdivision 2 of this subsection, irrespective ofwhether the offense, of itself, endangers the life, limb, or property ofanother.

C. For the purpose of enforcing this section, in any case in which theaccused is charged with driving a motor vehicle or self-propelled machineryor equipment while his license, permit, or privilege to drive is suspended orrevoked or is charged with driving without a license, the court beforehearing the charge shall determine whether the person has been determined anhabitual offender and, by reason of this determination, is barred fromdriving a motor vehicle or self-propelled machinery or equipment on thehighways in the Commonwealth. If the court determines the accused has beendetermined to be an habitual offender and finds there is probable cause thatthe alleged offense under this section is a felony, it shall certify the caseto the circuit court of its jurisdiction for trial.

D. Notwithstanding the provisions of subdivisions 2 and 3 of subsection B,following conviction and prior to imposition of sentence with the consent ofthe defendant, the court may order the defendant to be evaluated for and toparticipate in the Boot Camp Incarceration Program pursuant to 19.2-316.1,or the Detention Center Incarceration Program pursuant to 19.2-316.2, orthe Diversion Center Incarceration Program pursuant to 19.2-316.3.

(1968, c. 476, 46.1-387.8; 1970, c. 507; 1980, c. 436; 1988, c. 559; 1989,c. 727; 1990, c. 828; 1993, c. 677; 1994, c. 50; 1995, c. 799; 1997, cc. 5,344; 1998, c. 298; 1999, cc. 945, 987; 2000, cc. 956, 982; 2004, c. 461.)