§ 46.2-360. Restoration of privilege of operating motor vehicle; restorationof privilege to persons convicted under certain other provisions of HabitualOffender Act.
Any person who has been found to be an habitual offender where thedetermination or adjudication was based in part and dependent on a convictionas set out in subdivision 1 b of former § 46.2-351, may petition the court inwhich he was found to be an habitual offender, or the circuit court in thepolitical subdivision in which he then resides to:
1. Restore his privilege to drive a motor vehicle in the Commonwealth,provided that five years have elapsed from the date of the final order of acourt entered under this article, or if no such order was entered then thenotice of the determination by the Commissioner. On such petition, and forgood cause shown, the court may, in its discretion, restore to the person theprivilege to drive a motor vehicle in the Commonwealth on whatever conditionsthe court may prescribe, subject to other provisions of law relating to theissuance of driver's licenses, if the court is satisfied from the evidencepresented that: (i) at the time of the previous convictions, the petitionerwas addicted to or psychologically dependent on the use of alcohol or otherdrugs; (ii) at the time of the hearing on the petition, he is no longeraddicted to or psychologically dependent on the use of alcohol or such otherdrug; and (iii) the person does not constitute a threat to the safety andwelfare of himself or others with regard to the driving of a motor vehicle.However, prior to acting on the petition, the court shall order that anevaluation of the person be conducted by a Virginia Alcohol Safety ActionProgram and recommendations therefrom be submitted to the court. The courtmay, in lieu of restoring the person's privilege to drive, authorize theissuance of a restricted license for a period not to exceed five years inaccordance with the provisions of subsection E of § 18.2-271.1. The localVirginia Alcohol Safety Action Program shall during the term of therestricted license monitor the person's compliance with the terms of therestrictions imposed by the court. Any violation of the restrictions shall bereported to the court, and the court may then modify the restrictions orrevoke the license.
2. Issue a restricted permit to authorize such person to drive a motorvehicle in the Commonwealth in the course of his employment, to and from hishome to the place of his employment or such other medically necessary travelas the court deems necessary and proper upon written verification of need bya licensed physician, provided that three years have elapsed from the date ofthe final order, or if no such order was entered then the notice of thedetermination by the Commissioner. The court may order that a restrictedlicense for such purposes be issued in accordance with the procedures ofsubsection E of § 18.2-271.1, if the court is satisfied from the evidencepresented that (i) at the time of the previous convictions, the petitionerwas addicted to or psychologically dependent on the use of alcohol or otherdrugs, (ii) at the time of the hearing on the petition, he is no longeraddicted to or psychologically dependent on the use of alcohol or such otherdrugs, and (iii) the defendant does not constitute a threat to the safety andwelfare of himself and others with regard to the driving of a motor vehicle.The court may prohibit the person to whom a restricted license is issued fromoperating a motor vehicle that is not equipped with a functioning, certifiedignition interlock system during all or any part of the term for which therestricted license is issued, in accordance with the provisions set forth in§ 18.2-270.1. However, prior to acting on the petition, the court shall orderthat an evaluation of the person be conducted by a Virginia Alcohol SafetyAction Program and recommendations therefrom be submitted to the court. Thelocal Virginia Alcohol Safety Action Program shall during the term of therestricted license monitor the person's compliance with the terms of therestrictions imposed by the court. Any violation of the restrictions shall bereported to the court, and the court may then modify the restrictions orrevoke the license.
In the computation of the five-year and three-year periods under subdivisions1 and 2 of this section, such person shall be given credit for any period hisdriver's license was administratively revoked under subsection B of §46.2-391 prior to the final order or notification by the Commissioner of thehabitual offender determination.
A copy of any petition filed hereunder shall be served on the attorney forthe Commonwealth for the jurisdiction wherein the petition was filed, andshall also be served on the Commissioner of the Department of Motor Vehicles,who shall provide to the attorney for the Commonwealth a certified copy ofthe petitioner's driving record. The Commissioner shall also advise theattorney for the Commonwealth whether there is anything in the recordsmaintained by the Department that might make the petitioner ineligible forrestoration, and may also provide notice of any potential ineligibility tothe Attorney General's Office, which may join in representing the interestsof the Commonwealth where it appears that the petitioner is not eligible forrestoration. The hearing on a petition filed pursuant to this article shallnot be set for a date sooner than thirty days after the petition is filed andserved as provided herein.
(1976, c. 158, § 46.1-387.9:2; 1977, c. 408; 1987, c. 409; 1989, c. 727;1990, c. 828; 1993, c. 514; 1994, c. 573; 1995, cc. 486, 799; 1996, c. 374;1998, c. 749; 1999, cc. 742, 945, 987.)
§ 46.2-360. Restoration of privilege of operating motor vehicle; restorationof privilege to persons convicted under certain other provisions of HabitualOffender Act.
Any person who has been found to be an habitual offender where thedetermination or adjudication was based in part and dependent on a convictionas set out in subdivision 1 b of former § 46.2-351, may petition the court inwhich he was found to be an habitual offender, or the circuit court in thepolitical subdivision in which he then resides to:
1. Restore his privilege to drive a motor vehicle in the Commonwealth,provided that five years have elapsed from the date of the final order of acourt entered under this article, or if no such order was entered then thenotice of the determination by the Commissioner. On such petition, and forgood cause shown, the court may, in its discretion, restore to the person theprivilege to drive a motor vehicle in the Commonwealth on whatever conditionsthe court may prescribe, subject to other provisions of law relating to theissuance of driver's licenses, if the court is satisfied from the evidencepresented that: (i) at the time of the previous convictions, the petitionerwas addicted to or psychologically dependent on the use of alcohol or otherdrugs; (ii) at the time of the hearing on the petition, he is no longeraddicted to or psychologically dependent on the use of alcohol or such otherdrug; and (iii) the person does not constitute a threat to the safety andwelfare of himself or others with regard to the driving of a motor vehicle.However, prior to acting on the petition, the court shall order that anevaluation of the person be conducted by a Virginia Alcohol Safety ActionProgram and recommendations therefrom be submitted to the court. The courtmay, in lieu of restoring the person's privilege to drive, authorize theissuance of a restricted license for a period not to exceed five years inaccordance with the provisions of subsection E of § 18.2-271.1. The localVirginia Alcohol Safety Action Program shall during the term of therestricted license monitor the person's compliance with the terms of therestrictions imposed by the court. Any violation of the restrictions shall bereported to the court, and the court may then modify the restrictions orrevoke the license.
2. Issue a restricted permit to authorize such person to drive a motorvehicle in the Commonwealth in the course of his employment, to and from hishome to the place of his employment or such other medically necessary travelas the court deems necessary and proper upon written verification of need bya licensed physician, provided that three years have elapsed from the date ofthe final order, or if no such order was entered then the notice of thedetermination by the Commissioner. The court may order that a restrictedlicense for such purposes be issued in accordance with the procedures ofsubsection E of § 18.2-271.1, if the court is satisfied from the evidencepresented that (i) at the time of the previous convictions, the petitionerwas addicted to or psychologically dependent on the use of alcohol or otherdrugs, (ii) at the time of the hearing on the petition, he is no longeraddicted to or psychologically dependent on the use of alcohol or such otherdrugs, and (iii) the defendant does not constitute a threat to the safety andwelfare of himself and others with regard to the driving of a motor vehicle.The court may prohibit the person to whom a restricted license is issued fromoperating a motor vehicle that is not equipped with a functioning, certifiedignition interlock system during all or any part of the term for which therestricted license is issued, in accordance with the provisions set forth in§ 18.2-270.1. However, prior to acting on the petition, the court shall orderthat an evaluation of the person be conducted by a Virginia Alcohol SafetyAction Program and recommendations therefrom be submitted to the court. Thelocal Virginia Alcohol Safety Action Program shall during the term of therestricted license monitor the person's compliance with the terms of therestrictions imposed by the court. Any violation of the restrictions shall bereported to the court, and the court may then modify the restrictions orrevoke the license.
In the computation of the five-year and three-year periods under subdivisions1 and 2 of this section, such person shall be given credit for any period hisdriver's license was administratively revoked under subsection B of §46.2-391 prior to the final order or notification by the Commissioner of thehabitual offender determination.
A copy of any petition filed hereunder shall be served on the attorney forthe Commonwealth for the jurisdiction wherein the petition was filed, andshall also be served on the Commissioner of the Department of Motor Vehicles,who shall provide to the attorney for the Commonwealth a certified copy ofthe petitioner's driving record. The Commissioner shall also advise theattorney for the Commonwealth whether there is anything in the recordsmaintained by the Department that might make the petitioner ineligible forrestoration, and may also provide notice of any potential ineligibility tothe Attorney General's Office, which may join in representing the interestsof the Commonwealth where it appears that the petitioner is not eligible forrestoration. The hearing on a petition filed pursuant to this article shallnot be set for a date sooner than thirty days after the petition is filed andserved as provided herein.
(1976, c. 158, § 46.1-387.9:2; 1977, c. 408; 1987, c. 409; 1989, c. 727;1990, c. 828; 1993, c. 514; 1994, c. 573; 1995, cc. 486, 799; 1996, c. 374;1998, c. 749; 1999, cc. 742, 945, 987.)
§ 46.2-360. Restoration of privilege of operating motor vehicle; restorationof privilege to persons convicted under certain other provisions of HabitualOffender Act.
Any person who has been found to be an habitual offender where thedetermination or adjudication was based in part and dependent on a convictionas set out in subdivision 1 b of former § 46.2-351, may petition the court inwhich he was found to be an habitual offender, or the circuit court in thepolitical subdivision in which he then resides to:
1. Restore his privilege to drive a motor vehicle in the Commonwealth,provided that five years have elapsed from the date of the final order of acourt entered under this article, or if no such order was entered then thenotice of the determination by the Commissioner. On such petition, and forgood cause shown, the court may, in its discretion, restore to the person theprivilege to drive a motor vehicle in the Commonwealth on whatever conditionsthe court may prescribe, subject to other provisions of law relating to theissuance of driver's licenses, if the court is satisfied from the evidencepresented that: (i) at the time of the previous convictions, the petitionerwas addicted to or psychologically dependent on the use of alcohol or otherdrugs; (ii) at the time of the hearing on the petition, he is no longeraddicted to or psychologically dependent on the use of alcohol or such otherdrug; and (iii) the person does not constitute a threat to the safety andwelfare of himself or others with regard to the driving of a motor vehicle.However, prior to acting on the petition, the court shall order that anevaluation of the person be conducted by a Virginia Alcohol Safety ActionProgram and recommendations therefrom be submitted to the court. The courtmay, in lieu of restoring the person's privilege to drive, authorize theissuance of a restricted license for a period not to exceed five years inaccordance with the provisions of subsection E of § 18.2-271.1. The localVirginia Alcohol Safety Action Program shall during the term of therestricted license monitor the person's compliance with the terms of therestrictions imposed by the court. Any violation of the restrictions shall bereported to the court, and the court may then modify the restrictions orrevoke the license.
2. Issue a restricted permit to authorize such person to drive a motorvehicle in the Commonwealth in the course of his employment, to and from hishome to the place of his employment or such other medically necessary travelas the court deems necessary and proper upon written verification of need bya licensed physician, provided that three years have elapsed from the date ofthe final order, or if no such order was entered then the notice of thedetermination by the Commissioner. The court may order that a restrictedlicense for such purposes be issued in accordance with the procedures ofsubsection E of § 18.2-271.1, if the court is satisfied from the evidencepresented that (i) at the time of the previous convictions, the petitionerwas addicted to or psychologically dependent on the use of alcohol or otherdrugs, (ii) at the time of the hearing on the petition, he is no longeraddicted to or psychologically dependent on the use of alcohol or such otherdrugs, and (iii) the defendant does not constitute a threat to the safety andwelfare of himself and others with regard to the driving of a motor vehicle.The court may prohibit the person to whom a restricted license is issued fromoperating a motor vehicle that is not equipped with a functioning, certifiedignition interlock system during all or any part of the term for which therestricted license is issued, in accordance with the provisions set forth in§ 18.2-270.1. However, prior to acting on the petition, the court shall orderthat an evaluation of the person be conducted by a Virginia Alcohol SafetyAction Program and recommendations therefrom be submitted to the court. Thelocal Virginia Alcohol Safety Action Program shall during the term of therestricted license monitor the person's compliance with the terms of therestrictions imposed by the court. Any violation of the restrictions shall bereported to the court, and the court may then modify the restrictions orrevoke the license.
In the computation of the five-year and three-year periods under subdivisions1 and 2 of this section, such person shall be given credit for any period hisdriver's license was administratively revoked under subsection B of §46.2-391 prior to the final order or notification by the Commissioner of thehabitual offender determination.
A copy of any petition filed hereunder shall be served on the attorney forthe Commonwealth for the jurisdiction wherein the petition was filed, andshall also be served on the Commissioner of the Department of Motor Vehicles,who shall provide to the attorney for the Commonwealth a certified copy ofthe petitioner's driving record. The Commissioner shall also advise theattorney for the Commonwealth whether there is anything in the recordsmaintained by the Department that might make the petitioner ineligible forrestoration, and may also provide notice of any potential ineligibility tothe Attorney General's Office, which may join in representing the interestsof the Commonwealth where it appears that the petitioner is not eligible forrestoration. The hearing on a petition filed pursuant to this article shallnot be set for a date sooner than thirty days after the petition is filed andserved as provided herein.
(1976, c. 158, § 46.1-387.9:2; 1977, c. 408; 1987, c. 409; 1989, c. 727;1990, c. 828; 1993, c. 514; 1994, c. 573; 1995, cc. 486, 799; 1996, c. 374;1998, c. 749; 1999, cc. 742, 945, 987.)
