46.2-334.001 - Court to suspend driver's license issued to certain minors.

§ 46.2-334.001. Court to suspend driver's license issued to certain minors.

A. Upon receipt by the juvenile and domestic relations district court withinwhose jurisdiction the minor resides of a petition from the principal, or hisdesignee, of any public school in the Commonwealth that any person who isless than 18 years old and attending that public school has had 10 or moreunexcused absences from school on consecutive school days, the court shallgive notice and opportunity for the minor to show cause why his driver'slicense should not be suspended. Upon failure to show cause for the licensenot to be suspended, the court may suspend the minor's driver's license forany period of time, until the minor is 18 years old.

B. The foregoing provisions of this section shall not apply in cases wherethe student has withdrawn from school for a reason or reasons beyond thecontrol of the student, for the purpose of transferring to another school asconfirmed in writing by the student's parent or guardian, or when thestudent's parent or guardian expresses in open court his desire to allow thestudent to retain his license. The juvenile and domestic relations districtcourt judge shall be the sole authority as to whether the licensee'swithdrawal from school is due to circumstances beyond the control of thestudent.

C. Any person whose driver's license is suspended as provided in this sectionmay apply to a juvenile and domestic relations district court for issuance ofa restricted driver's license for any of the purposes set forth in subsectionE of § 18.2-271.1. No restricted license shall be issued pursuant to thissection unless the licensee (i) is employed at least four hours per day andat least 20 hours per week, (ii) has a medical condition that requires him tobe able to drive a motor vehicle, or (iii) is the only licensee in hishousehold. The court shall order the surrender of such person's license andshall forward to the Commissioner a copy of its order entered pursuant tothis subsection. This order shall specifically enumerate the restrictionsimposed and contain such information regarding the person to whom such arestricted license is issued as is reasonably necessary to identify suchperson. The court shall also provide a copy of its order to such person, whomay operate a motor vehicle on the order until receipt from the Commissionerof the Department of Motor Vehicles of a restricted driver's license, butonly if the order provides for a restricted driver's license for that period.Any person who operates a motor vehicle in violation of any restrictionimposed pursuant to this section shall be guilty of a violation of § 46.2-301.

(2009, c. 439.)