§ 46.2-301.1. Administrative impoundment of motor vehicle for certain drivingwhile license suspended or revoked offenses; judicial impoundment uponconviction; penalty for permitting violation with one's vehicle.
A. The motor vehicle being driven by any person (i) whose driver's license,learner's permit or privilege to drive a motor vehicle has been suspended orrevoked for a violation of § 18.2-51.4 or 18.2-272 or driving while under theinfluence in violation of § 18.2-266, 46.2-341.24 or a substantially similarordinance or law in any other jurisdiction; (ii) driving after adjudicationas an habitual offender, where such adjudication was based in whole or inpart on an alcohol-related offense, or where such person's license has beenadministratively suspended under the provisions of § 46.2-391.2; (iii)driving after such person's driver's license, learner's permit or privilegeto drive a motor vehicle has been suspended or revoked for unreasonablerefusal of tests in violation of § 18.2-268.3, 46.2-341.26:3 or asubstantially similar ordinance or law in any other jurisdiction; or (iv)driving without an operator's license in violation of § 46.2-300 having beenpreviously convicted of such offense or a substantially similar ordinance ofany county, city, or town or law in any other jurisdiction shall be impoundedor immobilized by the arresting law-enforcement officer at the time theperson is arrested for driving after his driver's license, learner's permitor privilege to drive has been so revoked or suspended or for driving withoutan operator's license in violation of § 46.2-300 having been previouslyconvicted of such offense or a substantially similar ordinance of any county,city, or town or law in any other jurisdiction. The impoundment orimmobilization for a violation of clauses (i) through (iii) shall be for aperiod of 30 days. The period of impoundment or immobilization for aviolation of clause (iv) shall be until the offender obtains a validoperator's license pursuant to § 46.2-300 or three days, whichever is less.In the event that the offender obtains a valid operator's license at any timeduring the three-day impoundment period and presents such license to thecourt, the court shall authorize the release of the vehicle upon payment ofall reasonable costs of impoundment or immobilization to the person holdingthe vehicle.
The provisions of this section as to the offense described in clause (iv) ofthis subsection shall not apply to a person who drives a motor vehicle withno operator's license (i) whose license has been expired for less than oneyear prior to the offense or (ii) who is under 18 years of age at the time ofthe offense. The arresting officer, acting on behalf of the Commonwealth,shall serve notice of the impoundment upon the arrested person. The noticeshall include information on the person's right to petition for review of theimpoundment pursuant to subsection B. A copy of the notice of impoundmentshall be delivered to the magistrate and thereafter promptly forwarded to theclerk of the general district court of the jurisdiction where the arrest wasmade. Transmission of the notice may be by electronic means.
At least five days prior to the expiration of the period of impoundmentimposed pursuant to this section or § 46.2-301, the clerk shall provide theoffender with information on the location of the motor vehicle and how andwhen the vehicle will be released; however, for a violation of clause (iv)above, such information shall be provided at the time of arrest.
All reasonable costs of impoundment or immobilization, including removal andstorage expenses, shall be paid by the offender prior to the release of hismotor vehicle. Notwithstanding the above, where the arresting law-enforcementofficer discovers that the vehicle was being rented or leased from a vehiclerenting or leasing company, the officer shall not impound the vehicle orcontinue the impoundment but shall notify the rental or leasing company thatthe vehicle is available for pickup and shall notify the clerk if the clerkhas previously been notified of the impoundment.
B. Any driver who is the owner of the motor vehicle that is impounded orimmobilized under subsection A may, during the period of the impoundment,petition the general district court of the jurisdiction in which the arrestwas made to review that impoundment. The court shall review the impoundmentwithin the same time period as the court hears an appeal from an orderdenying bail or fixing terms of bail or terms of recognizance, giving thismatter precedence over all other matters on its docket. If the person provesto the court by a preponderance of the evidence that the arrestinglaw-enforcement officer did not have probable cause for the arrest, or thatthe magistrate did not have probable cause to issue the warrant, the courtshall rescind the impoundment. Upon rescission, the motor vehicle shall bereleased and the Commonwealth shall pay or reimburse the person for allreasonable costs of impoundment or immobilization, including removal orstorage costs paid or incurred by him. Otherwise, the court shall affirm theimpoundment. If the person requesting the review fails to appear without justcause, his right to review shall be waived.
The court's findings are without prejudice to the person contesting theimpoundment or to any other potential party as to any proceedings, civil orcriminal, and shall not be evidence in any proceedings, civil or criminal.
C. The owner or co-owner of any motor vehicle impounded or immobilized undersubsection A who was not the driver at the time of the violation may petitionthe general district court in the jurisdiction where the violation occurredfor the release of his motor vehicle. The motor vehicle shall be released ifthe owner or co-owner proves by a preponderance of the evidence that he (i)did not know that the offender's driver's license was suspended or revokedwhen he authorized the offender to drive such motor vehicle; (ii) did notknow that the offender had no operator's license and that the operator hadbeen previously convicted of driving a motor vehicle without an operator'slicense in violation of § 46.2-300 or a substantially similar ordinance ofany county, city, or town or law in any other jurisdiction when he authorizedthe offender to drive such motor vehicle; or (iii) did not consent to theoperation of the motor vehicle by the offender. If the owner proves by apreponderance of the evidence that his immediate family has only one motorvehicle and will suffer a substantial hardship if that motor vehicle isimpounded or immobilized for the period of impoundment that otherwise wouldbe imposed pursuant to this section, the court, in its discretion, mayrelease the vehicle after some period of less than such impoundment period.
D. Notwithstanding any provision of this section, a subsequent dismissal oracquittal of the charge of driving without an operator's license or ofdriving on a suspended or revoked license shall result in an immediaterescission of the impoundment or immobilization provided in subsection A.Upon rescission, the motor vehicle shall be released and the Commonwealthshall pay or reimburse the person for all reasonable costs of impoundment orimmobilization, including removal or storage costs, incurred or paid by him.
E. Any person who knowingly authorizes the operation of a motor vehicle by(i) a person he knows has had his driver's license, learner's permit orprivilege to drive a motor vehicle suspended or revoked for any of thereasons set forth in subsection A or (ii) a person who he knows has nooperator's license and who he knows has been previously convicted of drivinga motor vehicle without an operator's license in violation of § 46.2-300 or asubstantially similar ordinance of any county, city, or town or law in anyother jurisdiction shall be guilty of a Class 1 misdemeanor.
F. Notwithstanding the provisions of this section or § 46.2-301, nothing inthis section shall impede or infringe upon a valid lienholder's rights tocure a default under an existing security agreement. Furthermore, suchlienholder shall not be liable for any cost of impoundment or immobilization,including removal or storage expenses which may accrue pursuant to theprovisions of this section or § 46.2-301. In the event a lienholderrepossesses or removes a vehicle from storage pursuant to an existingsecurity agreement, the Commonwealth shall pay all reasonable costs ofimpoundment or immobilization, including removal and storage expenses, to anyperson or entity providing such services to the Commonwealth, except to theextent such costs or expenses have already been paid by the offender to suchperson or entity. Such payment shall be made within seven calendar days aftera request is made by such person or entity to the Commonwealth for payment.Nothing herein, however, shall relieve the offender from liability to theCommonwealth for reimbursement or payment of all such reasonable costs andexpenses.
(1994, cc. 359, 363; 1994, 1st Sp. Sess., c. 10; 1995, cc. 426, 435; 1997,cc. 378, 478, 691; 2005, c. 312; 2010, cc. 519, 829.)
§ 46.2-301.1. Administrative impoundment of motor vehicle for certain drivingwhile license suspended or revoked offenses; judicial impoundment uponconviction; penalty for permitting violation with one's vehicle.
A. The motor vehicle being driven by any person (i) whose driver's license,learner's permit or privilege to drive a motor vehicle has been suspended orrevoked for a violation of § 18.2-51.4 or 18.2-272 or driving while under theinfluence in violation of § 18.2-266, 46.2-341.24 or a substantially similarordinance or law in any other jurisdiction; (ii) driving after adjudicationas an habitual offender, where such adjudication was based in whole or inpart on an alcohol-related offense, or where such person's license has beenadministratively suspended under the provisions of § 46.2-391.2; (iii)driving after such person's driver's license, learner's permit or privilegeto drive a motor vehicle has been suspended or revoked for unreasonablerefusal of tests in violation of § 18.2-268.3, 46.2-341.26:3 or asubstantially similar ordinance or law in any other jurisdiction; or (iv)driving without an operator's license in violation of § 46.2-300 having beenpreviously convicted of such offense or a substantially similar ordinance ofany county, city, or town or law in any other jurisdiction shall be impoundedor immobilized by the arresting law-enforcement officer at the time theperson is arrested for driving after his driver's license, learner's permitor privilege to drive has been so revoked or suspended or for driving withoutan operator's license in violation of § 46.2-300 having been previouslyconvicted of such offense or a substantially similar ordinance of any county,city, or town or law in any other jurisdiction. The impoundment orimmobilization for a violation of clauses (i) through (iii) shall be for aperiod of 30 days. The period of impoundment or immobilization for aviolation of clause (iv) shall be until the offender obtains a validoperator's license pursuant to § 46.2-300 or three days, whichever is less.In the event that the offender obtains a valid operator's license at any timeduring the three-day impoundment period and presents such license to thecourt, the court shall authorize the release of the vehicle upon payment ofall reasonable costs of impoundment or immobilization to the person holdingthe vehicle.
The provisions of this section as to the offense described in clause (iv) ofthis subsection shall not apply to a person who drives a motor vehicle withno operator's license (i) whose license has been expired for less than oneyear prior to the offense or (ii) who is under 18 years of age at the time ofthe offense. The arresting officer, acting on behalf of the Commonwealth,shall serve notice of the impoundment upon the arrested person. The noticeshall include information on the person's right to petition for review of theimpoundment pursuant to subsection B. A copy of the notice of impoundmentshall be delivered to the magistrate and thereafter promptly forwarded to theclerk of the general district court of the jurisdiction where the arrest wasmade. Transmission of the notice may be by electronic means.
At least five days prior to the expiration of the period of impoundmentimposed pursuant to this section or § 46.2-301, the clerk shall provide theoffender with information on the location of the motor vehicle and how andwhen the vehicle will be released; however, for a violation of clause (iv)above, such information shall be provided at the time of arrest.
All reasonable costs of impoundment or immobilization, including removal andstorage expenses, shall be paid by the offender prior to the release of hismotor vehicle. Notwithstanding the above, where the arresting law-enforcementofficer discovers that the vehicle was being rented or leased from a vehiclerenting or leasing company, the officer shall not impound the vehicle orcontinue the impoundment but shall notify the rental or leasing company thatthe vehicle is available for pickup and shall notify the clerk if the clerkhas previously been notified of the impoundment.
B. Any driver who is the owner of the motor vehicle that is impounded orimmobilized under subsection A may, during the period of the impoundment,petition the general district court of the jurisdiction in which the arrestwas made to review that impoundment. The court shall review the impoundmentwithin the same time period as the court hears an appeal from an orderdenying bail or fixing terms of bail or terms of recognizance, giving thismatter precedence over all other matters on its docket. If the person provesto the court by a preponderance of the evidence that the arrestinglaw-enforcement officer did not have probable cause for the arrest, or thatthe magistrate did not have probable cause to issue the warrant, the courtshall rescind the impoundment. Upon rescission, the motor vehicle shall bereleased and the Commonwealth shall pay or reimburse the person for allreasonable costs of impoundment or immobilization, including removal orstorage costs paid or incurred by him. Otherwise, the court shall affirm theimpoundment. If the person requesting the review fails to appear without justcause, his right to review shall be waived.
The court's findings are without prejudice to the person contesting theimpoundment or to any other potential party as to any proceedings, civil orcriminal, and shall not be evidence in any proceedings, civil or criminal.
C. The owner or co-owner of any motor vehicle impounded or immobilized undersubsection A who was not the driver at the time of the violation may petitionthe general district court in the jurisdiction where the violation occurredfor the release of his motor vehicle. The motor vehicle shall be released ifthe owner or co-owner proves by a preponderance of the evidence that he (i)did not know that the offender's driver's license was suspended or revokedwhen he authorized the offender to drive such motor vehicle; (ii) did notknow that the offender had no operator's license and that the operator hadbeen previously convicted of driving a motor vehicle without an operator'slicense in violation of § 46.2-300 or a substantially similar ordinance ofany county, city, or town or law in any other jurisdiction when he authorizedthe offender to drive such motor vehicle; or (iii) did not consent to theoperation of the motor vehicle by the offender. If the owner proves by apreponderance of the evidence that his immediate family has only one motorvehicle and will suffer a substantial hardship if that motor vehicle isimpounded or immobilized for the period of impoundment that otherwise wouldbe imposed pursuant to this section, the court, in its discretion, mayrelease the vehicle after some period of less than such impoundment period.
D. Notwithstanding any provision of this section, a subsequent dismissal oracquittal of the charge of driving without an operator's license or ofdriving on a suspended or revoked license shall result in an immediaterescission of the impoundment or immobilization provided in subsection A.Upon rescission, the motor vehicle shall be released and the Commonwealthshall pay or reimburse the person for all reasonable costs of impoundment orimmobilization, including removal or storage costs, incurred or paid by him.
E. Any person who knowingly authorizes the operation of a motor vehicle by(i) a person he knows has had his driver's license, learner's permit orprivilege to drive a motor vehicle suspended or revoked for any of thereasons set forth in subsection A or (ii) a person who he knows has nooperator's license and who he knows has been previously convicted of drivinga motor vehicle without an operator's license in violation of § 46.2-300 or asubstantially similar ordinance of any county, city, or town or law in anyother jurisdiction shall be guilty of a Class 1 misdemeanor.
F. Notwithstanding the provisions of this section or § 46.2-301, nothing inthis section shall impede or infringe upon a valid lienholder's rights tocure a default under an existing security agreement. Furthermore, suchlienholder shall not be liable for any cost of impoundment or immobilization,including removal or storage expenses which may accrue pursuant to theprovisions of this section or § 46.2-301. In the event a lienholderrepossesses or removes a vehicle from storage pursuant to an existingsecurity agreement, the Commonwealth shall pay all reasonable costs ofimpoundment or immobilization, including removal and storage expenses, to anyperson or entity providing such services to the Commonwealth, except to theextent such costs or expenses have already been paid by the offender to suchperson or entity. Such payment shall be made within seven calendar days aftera request is made by such person or entity to the Commonwealth for payment.Nothing herein, however, shall relieve the offender from liability to theCommonwealth for reimbursement or payment of all such reasonable costs andexpenses.
(1994, cc. 359, 363; 1994, 1st Sp. Sess., c. 10; 1995, cc. 426, 435; 1997,cc. 378, 478, 691; 2005, c. 312; 2010, cc. 519, 829.)
§ 46.2-301.1. Administrative impoundment of motor vehicle for certain drivingwhile license suspended or revoked offenses; judicial impoundment uponconviction; penalty for permitting violation with one's vehicle.
A. The motor vehicle being driven by any person (i) whose driver's license,learner's permit or privilege to drive a motor vehicle has been suspended orrevoked for a violation of § 18.2-51.4 or 18.2-272 or driving while under theinfluence in violation of § 18.2-266, 46.2-341.24 or a substantially similarordinance or law in any other jurisdiction; (ii) driving after adjudicationas an habitual offender, where such adjudication was based in whole or inpart on an alcohol-related offense, or where such person's license has beenadministratively suspended under the provisions of § 46.2-391.2; (iii)driving after such person's driver's license, learner's permit or privilegeto drive a motor vehicle has been suspended or revoked for unreasonablerefusal of tests in violation of § 18.2-268.3, 46.2-341.26:3 or asubstantially similar ordinance or law in any other jurisdiction; or (iv)driving without an operator's license in violation of § 46.2-300 having beenpreviously convicted of such offense or a substantially similar ordinance ofany county, city, or town or law in any other jurisdiction shall be impoundedor immobilized by the arresting law-enforcement officer at the time theperson is arrested for driving after his driver's license, learner's permitor privilege to drive has been so revoked or suspended or for driving withoutan operator's license in violation of § 46.2-300 having been previouslyconvicted of such offense or a substantially similar ordinance of any county,city, or town or law in any other jurisdiction. The impoundment orimmobilization for a violation of clauses (i) through (iii) shall be for aperiod of 30 days. The period of impoundment or immobilization for aviolation of clause (iv) shall be until the offender obtains a validoperator's license pursuant to § 46.2-300 or three days, whichever is less.In the event that the offender obtains a valid operator's license at any timeduring the three-day impoundment period and presents such license to thecourt, the court shall authorize the release of the vehicle upon payment ofall reasonable costs of impoundment or immobilization to the person holdingthe vehicle.
The provisions of this section as to the offense described in clause (iv) ofthis subsection shall not apply to a person who drives a motor vehicle withno operator's license (i) whose license has been expired for less than oneyear prior to the offense or (ii) who is under 18 years of age at the time ofthe offense. The arresting officer, acting on behalf of the Commonwealth,shall serve notice of the impoundment upon the arrested person. The noticeshall include information on the person's right to petition for review of theimpoundment pursuant to subsection B. A copy of the notice of impoundmentshall be delivered to the magistrate and thereafter promptly forwarded to theclerk of the general district court of the jurisdiction where the arrest wasmade. Transmission of the notice may be by electronic means.
At least five days prior to the expiration of the period of impoundmentimposed pursuant to this section or § 46.2-301, the clerk shall provide theoffender with information on the location of the motor vehicle and how andwhen the vehicle will be released; however, for a violation of clause (iv)above, such information shall be provided at the time of arrest.
All reasonable costs of impoundment or immobilization, including removal andstorage expenses, shall be paid by the offender prior to the release of hismotor vehicle. Notwithstanding the above, where the arresting law-enforcementofficer discovers that the vehicle was being rented or leased from a vehiclerenting or leasing company, the officer shall not impound the vehicle orcontinue the impoundment but shall notify the rental or leasing company thatthe vehicle is available for pickup and shall notify the clerk if the clerkhas previously been notified of the impoundment.
B. Any driver who is the owner of the motor vehicle that is impounded orimmobilized under subsection A may, during the period of the impoundment,petition the general district court of the jurisdiction in which the arrestwas made to review that impoundment. The court shall review the impoundmentwithin the same time period as the court hears an appeal from an orderdenying bail or fixing terms of bail or terms of recognizance, giving thismatter precedence over all other matters on its docket. If the person provesto the court by a preponderance of the evidence that the arrestinglaw-enforcement officer did not have probable cause for the arrest, or thatthe magistrate did not have probable cause to issue the warrant, the courtshall rescind the impoundment. Upon rescission, the motor vehicle shall bereleased and the Commonwealth shall pay or reimburse the person for allreasonable costs of impoundment or immobilization, including removal orstorage costs paid or incurred by him. Otherwise, the court shall affirm theimpoundment. If the person requesting the review fails to appear without justcause, his right to review shall be waived.
The court's findings are without prejudice to the person contesting theimpoundment or to any other potential party as to any proceedings, civil orcriminal, and shall not be evidence in any proceedings, civil or criminal.
C. The owner or co-owner of any motor vehicle impounded or immobilized undersubsection A who was not the driver at the time of the violation may petitionthe general district court in the jurisdiction where the violation occurredfor the release of his motor vehicle. The motor vehicle shall be released ifthe owner or co-owner proves by a preponderance of the evidence that he (i)did not know that the offender's driver's license was suspended or revokedwhen he authorized the offender to drive such motor vehicle; (ii) did notknow that the offender had no operator's license and that the operator hadbeen previously convicted of driving a motor vehicle without an operator'slicense in violation of § 46.2-300 or a substantially similar ordinance ofany county, city, or town or law in any other jurisdiction when he authorizedthe offender to drive such motor vehicle; or (iii) did not consent to theoperation of the motor vehicle by the offender. If the owner proves by apreponderance of the evidence that his immediate family has only one motorvehicle and will suffer a substantial hardship if that motor vehicle isimpounded or immobilized for the period of impoundment that otherwise wouldbe imposed pursuant to this section, the court, in its discretion, mayrelease the vehicle after some period of less than such impoundment period.
D. Notwithstanding any provision of this section, a subsequent dismissal oracquittal of the charge of driving without an operator's license or ofdriving on a suspended or revoked license shall result in an immediaterescission of the impoundment or immobilization provided in subsection A.Upon rescission, the motor vehicle shall be released and the Commonwealthshall pay or reimburse the person for all reasonable costs of impoundment orimmobilization, including removal or storage costs, incurred or paid by him.
E. Any person who knowingly authorizes the operation of a motor vehicle by(i) a person he knows has had his driver's license, learner's permit orprivilege to drive a motor vehicle suspended or revoked for any of thereasons set forth in subsection A or (ii) a person who he knows has nooperator's license and who he knows has been previously convicted of drivinga motor vehicle without an operator's license in violation of § 46.2-300 or asubstantially similar ordinance of any county, city, or town or law in anyother jurisdiction shall be guilty of a Class 1 misdemeanor.
F. Notwithstanding the provisions of this section or § 46.2-301, nothing inthis section shall impede or infringe upon a valid lienholder's rights tocure a default under an existing security agreement. Furthermore, suchlienholder shall not be liable for any cost of impoundment or immobilization,including removal or storage expenses which may accrue pursuant to theprovisions of this section or § 46.2-301. In the event a lienholderrepossesses or removes a vehicle from storage pursuant to an existingsecurity agreement, the Commonwealth shall pay all reasonable costs ofimpoundment or immobilization, including removal and storage expenses, to anyperson or entity providing such services to the Commonwealth, except to theextent such costs or expenses have already been paid by the offender to suchperson or entity. Such payment shall be made within seven calendar days aftera request is made by such person or entity to the Commonwealth for payment.Nothing herein, however, shall relieve the offender from liability to theCommonwealth for reimbursement or payment of all such reasonable costs andexpenses.
(1994, cc. 359, 363; 1994, 1st Sp. Sess., c. 10; 1995, cc. 426, 435; 1997,cc. 378, 478, 691; 2005, c. 312; 2010, cc. 519, 829.)
