2011 Code of Virginia
Title 46.2 MOTOR VEHICLES.
Chapter 3 Licensure of Drivers (46.2-300 thru 46.2-506)
46.2-400 Suspension of license of person incompetent because of mental illness, mental retardation, alcoholi...
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.
The Commissioner, on receipt of notice that any person has been legally adjudged to be incapacitated in accordance with Article 1 ( 37.2-1000 et seq.) of Chapter 10 of Title 37.2 or that a person discharged from an institution operated or licensed by the Department of Behavioral Health and Developmental Services is, in the opinion of the authorities of the institution, not competent because of mental illness, mental retardation, alcoholism, or drug addiction to drive a motor vehicle with safety to persons or property, shall forthwith suspend his license; but he shall not suspend the license if the person has been adjudged competent by judicial order or decree.
In any case in which the person's license has been suspended prior to his discharge it shall not be returned to him unless the Commissioner is satisfied, after an examination such as is required of applicants by 46.2-325, that the person is competent to drive a motor vehicle with safety to persons and property.
The clerk of the court in which the adjudication is made shall forthwith send a 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.)
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