2006 Code of Virginia § 16.1-278.9 - Delinquent children; loss of driving privileges for alcohol, firearm and drug offenses; truanc...

16.1-278.9. Delinquent children; loss of driving privileges for alcohol,firearm and drug offenses; truancy.

A. If a court has found facts which would justify a finding that a child atleast 13 years of age at the time of the offense is delinquent and suchfinding involves (i) a violation of 18.2-266 or of a similar ordinance ofany county, city or town, (ii) a refusal to take a blood or breath test inviolation of 18.2-268.2, (iii) a felony violation of 18.2-248, 18.2-248.1or 18.2-250, (iv) a misdemeanor violation of 18.2-248, 18.2-248.1, or18.2-250 or a violation of 18.2-250.1, (v) the unlawful purchase,possession or consumption of alcohol in violation of 4.1-305 or theunlawful drinking or possession of alcoholic beverages in or on public schoolgrounds in violation of 4.1-309, (vi) public intoxication in violation of 18.2-388 or a similar ordinance of a county, city or town, (vii) the unlawfuluse or possession of a handgun or possession of a "streetsweeper" asdefined below, or (viii) a violation of 18.2-83, the court shall order thatthe child be denied a driver's license. In addition to any other penaltyauthorized by this section, if the offense involves a violation designatedunder clause (i) and the child was transporting a person 17 years of age oryounger, the court shall impose the additional fine and order communityservice as provided in 18.2-270. If the offense involves a violationdesignated under clause (i), (ii), (iii) or (viii), the denial of a driver'slicense shall be for a period of one year or until the juvenile reaches theage of 17, whichever is longer, for a first such offense or for a period ofone year or until the juvenile reaches the age of 18, whichever is longer,for a second or subsequent such offense. If the offense involves a violationdesignated under clause (iv), (v) or (vi) the denial of driving privilegesshall be for a period of six months unless the offense is committed by achild under the age of 16 years and three months, in which case the child'sability to apply for a driver's license shall be delayed for a period of sixmonths following the date he reaches the age of 16 and three months. If theoffense involves a violation designated under clause (v) or (vi), the courtshall impose the license sanction without entering a judgment of guilt andshall defer disposition of the delinquency charge until such time as thecourt disposes of the case pursuant to subsection F of this section. If theoffense involves a violation designated under clause (iii) or (iv), the courtshall impose the license sanction and shall dispose of the delinquency chargepursuant to the provisions of this chapter or 18.2-251. If the offenseinvolves a violation designated under clause (vii), the denial of drivingprivileges shall be for a period of not less than 30 days, except when theoffense involves possession of a concealed handgun or a striker 12, commonlycalled a "streetsweeper," or any semi-automatic folding stock shotgun oflike kind with a spring tension drum magazine capable of holding 12 shotgunshells, in which case the denial of driving privileges shall be for a periodof two years unless the offense is committed by a child under the age of 16years and three months, in which event the child's ability to apply for adriver's license shall be delayed for a period of two years following thedate he reaches the age of 16 and three months.

A1. If a court finds that a child at least 13 years of age has failed tocomply with school attendance and meeting requirements as provided in 22.1-258, the court shall order the denial of the child's driving privilegesfor a period of not less than 30 days. If such failure to comply involves achild under the age of 16 years and three months, the child's ability toapply for a driver's license shall be delayed for a period of not less than30 days following the date he reaches the age of 16 and three months.

If the court finds a second or subsequent such offense, it may order thedenial of a driver's license for a period of one year or until the juvenilereaches the age of 18, whichever is longer, or delay the child's ability toapply for a driver's license for a period of one year following the date hereaches the age of 16 and three months, as may be appropriate.

B. Any child who has a driver's license at the time of the offense or at thetime of the court's finding as provided in subsection A1 shall be ordered tosurrender his driver's license, which shall be held in the physical custodyof the court during any period of license denial.

C. The court shall report any order issued under this section to theDepartment of Motor Vehicles, which shall preserve a record thereof. Thereport and the record shall include a statement as to whether the child wasrepresented by or waived counsel or whether the order was issued pursuant tosubsection A1 of this section. Notwithstanding the provisions of Article 12( 16.1-299 et seq.) of this chapter or the provisions of Title 46.2, thisrecord shall be available only to all law-enforcement officers, attorneys forthe Commonwealth and courts. No other record of the proceeding shall beforwarded to the Department of Motor Vehicles unless the proceeding resultsin an adjudication of guilt pursuant to subsection F.

The Department of Motor Vehicles shall refuse to issue a driver's license toany child denied a driver's license until such time as is stipulated in thecourt order or until notification by the court of withdrawal of the order ofdenial under subsection E.

D. If the finding as to the child involves a violation designated underclause (i), (ii), (iii) or (vi) of subsection A, the child may be referred toa certified alcohol safety action program in accordance with 18.2-271.1upon such terms and conditions as the court may set forth. If the finding asto such child involves a violation designated under clause (iii), (iv), (v),(vii) or (viii) of subsection A, such child may be referred to appropriaterehabilitative or educational services upon such terms and conditions as thecourt may set forth.

The court, in its discretion and upon a demonstration of hardship, mayauthorize the use of a restricted permit to operate a motor vehicle by anychild who has a driver's license at the time of the offense or at the time ofthe court's finding as provided in subsection A1 for any of the purposes setforth in subsection E of 18.2-271.1 or for travel to and from school,except that no restricted license shall be issued if the finding as to suchchild involves a violation designated under clause (iii) or (iv) ofsubsection A, or if it involves a second or subsequent violation of anyoffense designated in subsection A or a second finding by the court offailure to comply with school attendance and meeting requirements as providedin subsection A1. The issuance of the restricted permit shall be set forthwithin the court order, a copy of which shall be provided to the child, andshall specifically enumerate the restrictions imposed and contain suchinformation regarding the child as is reasonably necessary to identify him.The child may operate a motor vehicle under the court order in accordancewith its terms. Any child who operates a motor vehicle in violation of anyrestrictions imposed pursuant to this section shall be guilty of a violationof 46.2-301.

E. Upon petition made at least 90 days after issuance of the order, the courtmay review and withdraw any order of denial of a driver's license if for afirst such offense or finding as provided in subsection A1. For a second orsubsequent such offense or finding, the order may not be reviewed andwithdrawn until one year after its issuance.

F. If the finding as to such child involves a violation designated underclause (v), (vi) or (vii) of subsection A, upon fulfillment of the terms andconditions prescribed by the court and after the child's driver's license hasbeen restored, the court shall or, in the event the violation resulted in theinjury or death of any person or if the finding involves a violationdesignated under clause (i) or (ii) of subsection A, may discharge the childand dismiss the proceedings against him. Discharge and dismissal under theseprovisions shall be without an adjudication of guilt but a record of theproceeding shall be retained for the purpose of applying this section insubsequent proceedings. Failure of the child to fulfill such terms andconditions shall result in an adjudication of guilt. If the finding as tosuch child involves a violation designated under clause (iii) or (iv) ofsubsection A, the charge shall not be dismissed pursuant to this subsectionbut shall be disposed of pursuant to the provisions of this chapter or 18.2-251.

(1991, cc. 534, 696; 1992, cc. 701, 736, 830; 1993, cc. 482, 866, 972; 1994,c. 338; 2000, c. 835; 2001, cc. 248, 266; 2002, cc. 519, 755; 2003, c. 118;2005, c. 895.)

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