2006 Code of Virginia § 46.2-400 - Suspension of license of person incompetent because of mental illness, mental deficiency, inebriety...

46.2-400. Suspension of license of person incompetent because of mentalillness, mental deficiency, inebriety, or drug addiction; return of license;duty of clerk of court.

The Commissioner, on receipt of notice that any person has been legallyadjudged to be incapacitated in accordance with Article 1 ( 37.2-1000 etseq.) of Chapter 10 of Title 37.2 or that a person discharged from aninstitution operated or licensed by the Department of Mental Health, MentalRetardation and Substance Abuse Services is, in the opinion of theauthorities of the institution, not competent because of mental illness,mental retardation, inebriety, or drug addiction to drive a motor vehiclewith safety to persons or property, shall forthwith suspend his license; buthe shall not suspend the license if the person has been adjudged competent byjudicial order or decree.

In any case in which the person's license has been suspended prior to hisdischarge it shall not be returned to him unless the Commissioner issatisfied, after an examination such as is required of applicants by 46.2-325, that the person is competent to drive a motor vehicle with safetyto persons and property.

The clerk of the court in which the adjudication is made shall forthwith senda 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.)