12101598D Be it enacted by the General Assembly of Virginia: 1. That §46.2-391.2 of the Code of Virginia is amended and reenacted as follows: §46.2-391.2. Administrative suspension of license or privilege to operate a motor vehicle. A. If a breath test is taken pursuant to §18.2-268.2 or any
similar ordinance and (i) the results show a blood alcohol content of 0.08
percent or more by weight by volume or 0.08 grams or more per 210 liters of
breath, or (ii) the results, for persons under 21 years of age, show a blood
alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams
or more per 210 liters of breath or (iii) the person refuses to submit to the
breath test in violation of §18.2-268.3 or any similar ordinance, and upon
issuance of a petition or summons, or upon issuance of a warrant by the
magistrate, for a violation of §18.2-51.4, 18.2-266, or 18.2-266.1, or any
similar ordinance, or upon the issuance of a warrant or summons by the
magistrate or by the arresting officer at a medical facility for a violation of
§18.2-268.3, or any similar ordinance, the person's license shall be suspended
immediately or in the case of A law-enforcement officer, acting on behalf of the
Commonwealth, shall serve a notice of suspension personally on the arrested
person. When notice is served, the arresting officer shall promptly take
possession of any driver's license held by the person and issued by the
Commonwealth and shall promptly deliver it to the magistrate. Any driver's
license taken into possession under this section shall be forwarded promptly by
the magistrate to the clerk of the general district court or, as appropriate,
the court with jurisdiction over juveniles of the jurisdiction in which the
arrest was made together with any petition, summons or warrant, the results of
the breath test, if any, and the report required by subsection B. A copy of the
notice of suspension shall be forwarded forthwith to both The clerk shall promptly return the suspended license to the person at the expiration of the suspension. Whenever a suspended license is to be returned under this section or §46.2-391.4, the person may elect to have the license returned in person at the clerk's office or by mail to the address on the person's license or to such other address as he may request. B. Promptly after arrest and service of the notice of suspension, the arresting officer shall forward to the magistrate a sworn report of the arrest that shall include (i) information which adequately identifies the person arrested and (ii) a statement setting forth the arresting officer's grounds for belief that the person violated §18.2-51.4, 18.2-266, or 18.2-266.1, or a similar ordinance or refused to submit to a breath test in violation of §18.2-268.3 or a similar ordinance. The report required by this subsection shall be submitted on forms supplied by the Supreme Court. C. Any person whose license or privilege to operate a motor
vehicle has been suspended under subsection A may, during the period of the
suspension, request the general district court or, as appropriate, the court
with jurisdiction over juveniles of the jurisdiction in which the arrest was
made to review that suspension. The court shall review the suspension within
the same time period as the court hears an appeal from an order denying bail or
fixing terms of bail or terms of recognizance, giving this matter precedence
over all other matters on its docket. If the person proves to the court by a preponderance
of the evidence that the arresting officer did not have probable cause for the
arrest, that the magistrate did not have probable cause to issue the warrant,
or that there was not probable cause for issuance of the petition, the court
shall rescind the suspension, or that portion of it that exceeds The court's findings are without prejudice to the person contesting the suspension or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal. D. |