§ 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, inaddition to any other penalty that it may impose as provided by law for theoffense, that the child be denied a driver's license. In addition to anyother penalty authorized by this section, if the offense involves a violationdesignated under clause (i) and the child was transporting a person 17 yearsof age or younger, the court shall impose the additional fine and ordercommunity service as provided in § 18.2-270. If the offense involves aviolation designated under clause (i), (ii), (iii) or (viii), the denial of adriver's license shall be for a period of one year or until the juvenilereaches the age of 17, whichever is longer, for a first such offense or for aperiod of one year or until the juvenile reaches the age of 18, whichever islonger, for a second or subsequent such offense. If the offense involves aviolation designated under clause (iv), (v) or (vi) the denial of drivingprivileges shall be for a period of six months unless the offense iscommitted by a child under the age of 16 years and three months, in whichcase the child's ability to apply for a driver's license shall be delayed fora period of six months following the date he reaches the age of 16 and threemonths. If the offense involves a first violation designated under clause (v)or (vi), the court shall impose the license sanction and may enter a judgmentof guilt or, without entering a judgment of guilt, may defer disposition ofthe delinquency charge until such time as the court disposes of the casepursuant to subsection F of this section. If the offense involves a violationdesignated under clause (iii) or (iv), the court shall impose the licensesanction and shall dispose of the delinquency charge pursuant to theprovisions of this chapter or § 18.2-251. If the offense involves a violationdesignated under clause (vii), the denial of driving privileges shall be fora period of not less than 30 days, except when the offense involvespossession of a concealed handgun or a striker 12, commonly called a"streetsweeper," or any semi-automatic folding stock shotgun of like kindwith a spring tension drum magazine capable of holding 12 shotgun shells, inwhich case the denial of driving privileges shall be for a period of twoyears unless the offense is committed by a child under the age of 16 yearsand three months, in which event the child's ability to apply for a driver'slicense shall be delayed for a period of two years following the date hereaches 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 for travel to and from homeand school when school-provided transportation is available and no restrictedlicense shall be issued if the finding as to such child involves a violationdesignated under clause (iii) or (iv) of subsection A, or if it involves asecond or subsequent violation of any offense designated in subsection A or asecond finding by the court of failure to comply with school attendance andmeeting requirements as provided in subsection A1. The issuance of therestricted permit shall be set forth within the court order, a copy of whichshall be provided to the child, and shall specifically enumerate therestrictions imposed and contain such information regarding the child as isreasonably necessary to identify him. The child may operate a motor vehicleunder the court order in accordance with its terms. Any child who operates amotor vehicle in violation of any restrictions imposed pursuant to thissection shall be guilty of a violation of § 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 first violation designatedunder clause (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), (ii), (v), or (vi) of subsection A, maydischarge the child and dismiss the proceedings against him. Discharge anddismissal under these provisions shall be without an adjudication of guiltbut a record of the proceeding shall be retained for the purpose of applyingthis section in subsequent proceedings. Failure of the child to fulfill suchterms and conditions shall result in an adjudication of guilt. If the findingas to such child involves a violation designated under clause (iii) or (iv)of subsection A, the charge shall not be dismissed pursuant to thissubsection but shall be disposed of pursuant to the provisions of thischapter or § 18.2-251. If the finding as to such child involves a secondviolation under clause (v), (vi) or (vii) of subsection A, the charge shallnot be dismissed pursuant to this subsection but shall be disposed of under §16.1-278.8.
(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; 2007, c. 731; 2010, cc. 522, 569, 570.)
§ 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, inaddition to any other penalty that it may impose as provided by law for theoffense, that the child be denied a driver's license. In addition to anyother penalty authorized by this section, if the offense involves a violationdesignated under clause (i) and the child was transporting a person 17 yearsof age or younger, the court shall impose the additional fine and ordercommunity service as provided in § 18.2-270. If the offense involves aviolation designated under clause (i), (ii), (iii) or (viii), the denial of adriver's license shall be for a period of one year or until the juvenilereaches the age of 17, whichever is longer, for a first such offense or for aperiod of one year or until the juvenile reaches the age of 18, whichever islonger, for a second or subsequent such offense. If the offense involves aviolation designated under clause (iv), (v) or (vi) the denial of drivingprivileges shall be for a period of six months unless the offense iscommitted by a child under the age of 16 years and three months, in whichcase the child's ability to apply for a driver's license shall be delayed fora period of six months following the date he reaches the age of 16 and threemonths. If the offense involves a first violation designated under clause (v)or (vi), the court shall impose the license sanction and may enter a judgmentof guilt or, without entering a judgment of guilt, may defer disposition ofthe delinquency charge until such time as the court disposes of the casepursuant to subsection F of this section. If the offense involves a violationdesignated under clause (iii) or (iv), the court shall impose the licensesanction and shall dispose of the delinquency charge pursuant to theprovisions of this chapter or § 18.2-251. If the offense involves a violationdesignated under clause (vii), the denial of driving privileges shall be fora period of not less than 30 days, except when the offense involvespossession of a concealed handgun or a striker 12, commonly called a"streetsweeper," or any semi-automatic folding stock shotgun of like kindwith a spring tension drum magazine capable of holding 12 shotgun shells, inwhich case the denial of driving privileges shall be for a period of twoyears unless the offense is committed by a child under the age of 16 yearsand three months, in which event the child's ability to apply for a driver'slicense shall be delayed for a period of two years following the date hereaches 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 for travel to and from homeand school when school-provided transportation is available and no restrictedlicense shall be issued if the finding as to such child involves a violationdesignated under clause (iii) or (iv) of subsection A, or if it involves asecond or subsequent violation of any offense designated in subsection A or asecond finding by the court of failure to comply with school attendance andmeeting requirements as provided in subsection A1. The issuance of therestricted permit shall be set forth within the court order, a copy of whichshall be provided to the child, and shall specifically enumerate therestrictions imposed and contain such information regarding the child as isreasonably necessary to identify him. The child may operate a motor vehicleunder the court order in accordance with its terms. Any child who operates amotor vehicle in violation of any restrictions imposed pursuant to thissection shall be guilty of a violation of § 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 first violation designatedunder clause (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), (ii), (v), or (vi) of subsection A, maydischarge the child and dismiss the proceedings against him. Discharge anddismissal under these provisions shall be without an adjudication of guiltbut a record of the proceeding shall be retained for the purpose of applyingthis section in subsequent proceedings. Failure of the child to fulfill suchterms and conditions shall result in an adjudication of guilt. If the findingas to such child involves a violation designated under clause (iii) or (iv)of subsection A, the charge shall not be dismissed pursuant to thissubsection but shall be disposed of pursuant to the provisions of thischapter or § 18.2-251. If the finding as to such child involves a secondviolation under clause (v), (vi) or (vii) of subsection A, the charge shallnot be dismissed pursuant to this subsection but shall be disposed of under §16.1-278.8.
(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; 2007, c. 731; 2010, cc. 522, 569, 570.)
§ 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, inaddition to any other penalty that it may impose as provided by law for theoffense, that the child be denied a driver's license. In addition to anyother penalty authorized by this section, if the offense involves a violationdesignated under clause (i) and the child was transporting a person 17 yearsof age or younger, the court shall impose the additional fine and ordercommunity service as provided in § 18.2-270. If the offense involves aviolation designated under clause (i), (ii), (iii) or (viii), the denial of adriver's license shall be for a period of one year or until the juvenilereaches the age of 17, whichever is longer, for a first such offense or for aperiod of one year or until the juvenile reaches the age of 18, whichever islonger, for a second or subsequent such offense. If the offense involves aviolation designated under clause (iv), (v) or (vi) the denial of drivingprivileges shall be for a period of six months unless the offense iscommitted by a child under the age of 16 years and three months, in whichcase the child's ability to apply for a driver's license shall be delayed fora period of six months following the date he reaches the age of 16 and threemonths. If the offense involves a first violation designated under clause (v)or (vi), the court shall impose the license sanction and may enter a judgmentof guilt or, without entering a judgment of guilt, may defer disposition ofthe delinquency charge until such time as the court disposes of the casepursuant to subsection F of this section. If the offense involves a violationdesignated under clause (iii) or (iv), the court shall impose the licensesanction and shall dispose of the delinquency charge pursuant to theprovisions of this chapter or § 18.2-251. If the offense involves a violationdesignated under clause (vii), the denial of driving privileges shall be fora period of not less than 30 days, except when the offense involvespossession of a concealed handgun or a striker 12, commonly called a"streetsweeper," or any semi-automatic folding stock shotgun of like kindwith a spring tension drum magazine capable of holding 12 shotgun shells, inwhich case the denial of driving privileges shall be for a period of twoyears unless the offense is committed by a child under the age of 16 yearsand three months, in which event the child's ability to apply for a driver'slicense shall be delayed for a period of two years following the date hereaches 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 for travel to and from homeand school when school-provided transportation is available and no restrictedlicense shall be issued if the finding as to such child involves a violationdesignated under clause (iii) or (iv) of subsection A, or if it involves asecond or subsequent violation of any offense designated in subsection A or asecond finding by the court of failure to comply with school attendance andmeeting requirements as provided in subsection A1. The issuance of therestricted permit shall be set forth within the court order, a copy of whichshall be provided to the child, and shall specifically enumerate therestrictions imposed and contain such information regarding the child as isreasonably necessary to identify him. The child may operate a motor vehicleunder the court order in accordance with its terms. Any child who operates amotor vehicle in violation of any restrictions imposed pursuant to thissection shall be guilty of a violation of § 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 first violation designatedunder clause (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), (ii), (v), or (vi) of subsection A, maydischarge the child and dismiss the proceedings against him. Discharge anddismissal under these provisions shall be without an adjudication of guiltbut a record of the proceeding shall be retained for the purpose of applyingthis section in subsequent proceedings. Failure of the child to fulfill suchterms and conditions shall result in an adjudication of guilt. If the findingas to such child involves a violation designated under clause (iii) or (iv)of subsection A, the charge shall not be dismissed pursuant to thissubsection but shall be disposed of pursuant to the provisions of thischapter or § 18.2-251. If the finding as to such child involves a secondviolation under clause (v), (vi) or (vii) of subsection A, the charge shallnot be dismissed pursuant to this subsection but shall be disposed of under §16.1-278.8.
(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; 2007, c. 731; 2010, cc. 522, 569, 570.)
