§ 46.2-361. Restoration of privilege after driving while license revoked orsuspended for failure to pay fines or costs, furnish proof of financialresponsibility or pay uninsured motorist fee.
A. 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 c of former § 46.2-351, may, after three yearsfrom the date of the final order of a court entered under this article, or ifno such order was entered then the notice of the determination oradjudication by the Commissioner, petition the court in which he was found tobe an habitual offender, or the circuit court in the political subdivision inwhich he then resides, for restoration of his privilege to drive a motorvehicle in the Commonwealth. In no event, however, shall the provisions ofthis subsection apply when such person's determination or adjudication wasalso based in part and dependent on a conviction as set out in subdivision 1b of former § 46.2-351. In such case license restoration shall be incompliance with the provisions of § 46.2-360.
B. Any person who has been found to be an habitual offender, where thedetermination or adjudication was based entirely upon a combination ofconvictions of § 46.2-707 and convictions as set out in subdivision 1 c offormer § 46.2-351, may, after payment in full of all outstanding fines, costsand judgments relating to his determination, and furnishing proof of (i)financial responsibility and (ii) compliance with the provisions of Article 8(§ 46.2-705 et seq.) of Chapter 6 of this title or both, if applicable,petition the court in which he was found to be an habitual offender, or thecircuit court in the political subdivision in which he then resides, forrestoration of his privilege to drive a motor vehicle in the Commonwealth.
C. This section shall apply only where the conviction or convictions as setout in subdivision 1 c of former § 46.2-351 resulted from a suspension orrevocation ordered pursuant to (i) § 46.2-395 for failure to pay fines andcosts, (ii) § 46.2-459 for failure to furnish proof of financialresponsibility, or (iii) § 46.2-417 for failure to satisfy a judgment,provided the judgment has been paid in full prior to the time of filing thepetition or was a conviction under § 46.2-302 or former § 46.1-351.
D. On any such petition, the court, in its discretion, may restore to theperson his privilege to drive a motor vehicle, on whatever conditions thecourt may prescribe, if the court is satisfied from the evidence presentedthat the petitioner does not constitute a threat to the safety and welfare ofhimself or others with respect to the operation of a motor vehicle, and thathe has satisfied in full all outstanding court costs, court fines andjudgments relating to determination as an habitual offender and furnishedproof of financial responsibility, if applicable.
E. 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.
(1984, c. 660, § 46.1-387.9:3; 1985, c. 292; 1987, c. 334; 1989, c. 727;1992, c. 568; 1993, cc. 291, 518, 687; 1995, c. 799; 1998, c. 749; 1999, cc.945, 987; 2000, c. 792.)
§ 46.2-361. Restoration of privilege after driving while license revoked orsuspended for failure to pay fines or costs, furnish proof of financialresponsibility or pay uninsured motorist fee.
A. 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 c of former § 46.2-351, may, after three yearsfrom the date of the final order of a court entered under this article, or ifno such order was entered then the notice of the determination oradjudication by the Commissioner, petition the court in which he was found tobe an habitual offender, or the circuit court in the political subdivision inwhich he then resides, for restoration of his privilege to drive a motorvehicle in the Commonwealth. In no event, however, shall the provisions ofthis subsection apply when such person's determination or adjudication wasalso based in part and dependent on a conviction as set out in subdivision 1b of former § 46.2-351. In such case license restoration shall be incompliance with the provisions of § 46.2-360.
B. Any person who has been found to be an habitual offender, where thedetermination or adjudication was based entirely upon a combination ofconvictions of § 46.2-707 and convictions as set out in subdivision 1 c offormer § 46.2-351, may, after payment in full of all outstanding fines, costsand judgments relating to his determination, and furnishing proof of (i)financial responsibility and (ii) compliance with the provisions of Article 8(§ 46.2-705 et seq.) of Chapter 6 of this title or both, if applicable,petition the court in which he was found to be an habitual offender, or thecircuit court in the political subdivision in which he then resides, forrestoration of his privilege to drive a motor vehicle in the Commonwealth.
C. This section shall apply only where the conviction or convictions as setout in subdivision 1 c of former § 46.2-351 resulted from a suspension orrevocation ordered pursuant to (i) § 46.2-395 for failure to pay fines andcosts, (ii) § 46.2-459 for failure to furnish proof of financialresponsibility, or (iii) § 46.2-417 for failure to satisfy a judgment,provided the judgment has been paid in full prior to the time of filing thepetition or was a conviction under § 46.2-302 or former § 46.1-351.
D. On any such petition, the court, in its discretion, may restore to theperson his privilege to drive a motor vehicle, on whatever conditions thecourt may prescribe, if the court is satisfied from the evidence presentedthat the petitioner does not constitute a threat to the safety and welfare ofhimself or others with respect to the operation of a motor vehicle, and thathe has satisfied in full all outstanding court costs, court fines andjudgments relating to determination as an habitual offender and furnishedproof of financial responsibility, if applicable.
E. 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.
(1984, c. 660, § 46.1-387.9:3; 1985, c. 292; 1987, c. 334; 1989, c. 727;1992, c. 568; 1993, cc. 291, 518, 687; 1995, c. 799; 1998, c. 749; 1999, cc.945, 987; 2000, c. 792.)
§ 46.2-361. Restoration of privilege after driving while license revoked orsuspended for failure to pay fines or costs, furnish proof of financialresponsibility or pay uninsured motorist fee.
A. 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 c of former § 46.2-351, may, after three yearsfrom the date of the final order of a court entered under this article, or ifno such order was entered then the notice of the determination oradjudication by the Commissioner, petition the court in which he was found tobe an habitual offender, or the circuit court in the political subdivision inwhich he then resides, for restoration of his privilege to drive a motorvehicle in the Commonwealth. In no event, however, shall the provisions ofthis subsection apply when such person's determination or adjudication wasalso based in part and dependent on a conviction as set out in subdivision 1b of former § 46.2-351. In such case license restoration shall be incompliance with the provisions of § 46.2-360.
B. Any person who has been found to be an habitual offender, where thedetermination or adjudication was based entirely upon a combination ofconvictions of § 46.2-707 and convictions as set out in subdivision 1 c offormer § 46.2-351, may, after payment in full of all outstanding fines, costsand judgments relating to his determination, and furnishing proof of (i)financial responsibility and (ii) compliance with the provisions of Article 8(§ 46.2-705 et seq.) of Chapter 6 of this title or both, if applicable,petition the court in which he was found to be an habitual offender, or thecircuit court in the political subdivision in which he then resides, forrestoration of his privilege to drive a motor vehicle in the Commonwealth.
C. This section shall apply only where the conviction or convictions as setout in subdivision 1 c of former § 46.2-351 resulted from a suspension orrevocation ordered pursuant to (i) § 46.2-395 for failure to pay fines andcosts, (ii) § 46.2-459 for failure to furnish proof of financialresponsibility, or (iii) § 46.2-417 for failure to satisfy a judgment,provided the judgment has been paid in full prior to the time of filing thepetition or was a conviction under § 46.2-302 or former § 46.1-351.
D. On any such petition, the court, in its discretion, may restore to theperson his privilege to drive a motor vehicle, on whatever conditions thecourt may prescribe, if the court is satisfied from the evidence presentedthat the petitioner does not constitute a threat to the safety and welfare ofhimself or others with respect to the operation of a motor vehicle, and thathe has satisfied in full all outstanding court costs, court fines andjudgments relating to determination as an habitual offender and furnishedproof of financial responsibility, if applicable.
E. 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.
(1984, c. 660, § 46.1-387.9:3; 1985, c. 292; 1987, c. 334; 1989, c. 727;1992, c. 568; 1993, cc. 291, 518, 687; 1995, c. 799; 1998, c. 749; 1999, cc.945, 987; 2000, c. 792.)
