46.2-301 - Driving while license, permit, or privilege to drive suspended or revoked.
§ 46.2-301. Driving while license, permit, or privilege to drive suspended orrevoked.
A. In addition to any other penalty provided by this section, any motorvehicle administratively impounded or immobilized under the provisions of §46.2-301.1 may, in the discretion of the court, be impounded or immobilizedfor an additional period of up to 90 days upon conviction of an offender fordriving while his driver's license, learner's permit, or privilege to drive amotor vehicle has been suspended or revoked for (i) a violation of §18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantiallysimilar ordinance or law in any other jurisdiction or (ii) driving afteradjudication as an habitual offender, where such adjudication was based inwhole or in part on an alcohol-related offense, or where such person'slicense has been administratively suspended under the provisions of §46.2-391.2. However, if, at the time of the violation, the offender wasdriving a motor vehicle owned by another person, the court shall have nojurisdiction over such motor vehicle but may order the impoundment orimmobilization of a motor vehicle owned solely by the offender at the time ofarrest. All costs of impoundment or immobilization, including removal orstorage expenses, shall be paid by the offender prior to the release of hismotor vehicle.
B. Except as provided in §§ 46.2-304 and 46.2-357, no resident or nonresident(i) whose driver's license, learner's permit, or privilege to drive a motorvehicle has been suspended or revoked or (ii) who has been directed not todrive by any court or by the Commissioner, or (iii) who has been forbidden,as prescribed by operation of any statute of the Commonwealth or asubstantially similar ordinance of any county, city or town, to operate amotor vehicle in the Commonwealth shall thereafter drive any motor vehicle orany self-propelled machinery or equipment on any highway in the Commonwealthuntil the period of such suspension or revocation has terminated or theprivilege has been reinstated or a restricted license is issued pursuant tosubsection E. A clerk's notice of suspension of license for failure to payfines or costs given in accordance with § 46.2-395 shall be sufficient noticefor the purpose of maintaining a conviction under this section. For thepurposes of this section, the phrase "motor vehicle or any self-propelledmachinery or equipment" shall not include mopeds.
C. A violation of subsection B is a Class 1 misdemeanor. A third orsubsequent offense occurring within a 10-year period shall include amandatory minimum term of confinement in jail of 10 days. However, the courtshall not be required to impose a mandatory minimum term of confinement inany case where a motor vehicle is operated in violation of this section in asituation of apparent extreme emergency which requires such operation to savelife or limb.
D. Upon a violation of subsection B, the court shall suspend the person'slicense or privilege to drive a motor vehicle for the same period for whichit had been previously suspended or revoked. In the event the person violatedsubsection B by driving during a period of suspension or revocation which wasnot for a definite period of time, the court shall suspend the person'slicense, permit or privilege to drive for an additional period not to exceed90 days, to commence upon the expiration of the previous suspension orrevocation or to commence immediately if the previous suspension orrevocation has expired.
E. Any person who is otherwise eligible for a restricted license may petitioneach court that suspended his license pursuant to subsection D forauthorization for a restricted license, provided that the period of time forwhich the license was suspended by the court pursuant to subsection D, ifmeasured from the date of conviction, has expired, even though the suspensionitself has not expired. A court may, for good cause shown, authorize theDepartment of Motor Vehicles to issue a restricted license for any of thepurposes set forth in subsection E of § 18.2-271.1. No restricted licenseshall be issued unless each court that issued a suspension of the person'slicense pursuant to subsection D authorizes the Department to issue arestricted license. Any restricted license issued pursuant to this subsectionshall be in effect until the expiration of any and all suspensions issuedpursuant to subsection D, except that it shall automatically terminate uponthe expiration, cancellation, suspension, or revocation of the person'slicense or privilege to drive for any other cause. No restricted licenseissued pursuant to this subsection shall permit a person to operate acommercial motor vehicle as defined in the Commercial Driver's License Act (§46.2-341.1 et seq.). The court shall forward to the Commissioner a copy ofits authorization entered pursuant to this subsection, which shallspecifically enumerate the restrictions imposed and contain such informationregarding the person to whom such a license is issued as is reasonablynecessary to identify the person. The court shall also provide a copy of itsauthorization to the person, who may not operate a motor vehicle untilreceipt from the Commissioner of a restricted license. A copy of therestricted license issued by the Commissioner shall be carried at all timeswhile operating a motor vehicle.
F. Any person who operates a motor vehicle or any self-propelled machinery orequipment in violation of the terms of a restricted license issued pursuantto subsection E of § 18.2-271.1 is not guilty of a violation of this sectionbut is guilty of a violation of § 18.2-272.
(Code 1950, § 46-347.1; 1952, c. 666; 1958, c. 541, § 46.1-350; 1960, c. 364;1962, c. 302; 1964, c. 239; 1966, cc. 546, 589; 1968, c. 494; 1970, c. 507;1984, c. 780; 1985, c. 232; 1988, c. 859; 1989, c. 727; 1991, c. 64; 1992, c.273; 1993, c. 24; 1994, cc. 359, 363; 1997, c. 691; 2000, cc. 956, 982; 2004,cc. 461, 801, 948; 2009, cc. 390, 764; 2010, c. 519.)