Bill Text: VA HB769 | 2010 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: DUI; suspension of driving privilege shall run consecutively with any other court-ordered period.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-04-11 - Governor: Acts of Assembly Chapter text (CHAP0521) [HB769 Detail]

Download: Virginia-2010-HB769-Prefiled.html

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10102555D
HOUSE BILL NO. 769 Offered January 13, 2010 Prefiled January 12, 2010 A BILL to amend and reenact § 18.2-271 of the Code of Virginia, relating to consecutive suspensions of driving privilege for DUI and other offenses. ---------- Patron-- Cleaveland ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-271 of the Code of Virginia is amended and reenacted as follows:

§18.2-271. Forfeiture of driver's license for driving while intoxicated.

A. Except as provided in §18.2-271.1, the judgment of conviction if for a first offense under §18.2-266 or for a similar offense under any county, city, or town ordinance, or for a first offense under subsection A of §46.2-341.24, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under §46.2-391.2.

B. If a person (i) is tried on a process alleging a second offense of violating §18.2-266 or subsection A of §46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under §18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to §18.2-266 or subsection A of §46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of three years from the date of the judgment of conviction and such person shall have his license revoked as provided in subsection A of § 46.2-391. The court trying such case shall order the surrender of the person's driver's license, to be disposed of in accordance with §46.2-398, and shall notify such person that his license has been revoked for a period of three years and that the penalty for violating that revocation is as set out in § 46.2-391. This suspension period shall be in addition to the suspension period provided under §46.2-391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any other court-ordered period of suspension for failure to permit a blood or breath sample to be taken as required by §§18.2-268.1 through 18.2-268.12 or §§46.2-341.26:1 through 46.2-341.26:11 or revocation.

C. If a person (i) is tried on a process alleging a third or subsequent offense of violating §18.2-266 or subsection A of §46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of two other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under §18.2-266 or subsection A of §46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to §18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth and such person shall not be eligible for participation in a program pursuant to §18.2-271.1 and shall, upon such conviction, have his license revoked as provided in subsection B of §46.2-391. The court trying such case shall order the surrender of the person's driver's license, to be disposed of in accordance with §46.2-398, and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in §46.2-391.

D. Notwithstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.

E. The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver's License Act (§46.2-341.1 et seq.).