46.2-392 - Suspension of license or issuance of a restricted license on conviction of reckless or aggressive driving; probationary conditions required; generally.
§ 46.2-392. Suspension of license or issuance of a restricted license onconviction of reckless or aggressive driving; probationary conditionsrequired; generally.
In addition to the penalties for reckless driving prescribed in § 46.2-868and the penalties for aggressive driving prescribed in § 46.2-868.1, thecourt may suspend the driver's license issued to a person convicted ofreckless driving or aggressive driving for a period of not less than 10 daysnor more than six months and the court shall require the convicted person tosurrender his license so suspended to the court where it will be disposed ofin accordance with § 46.2-398.
Additionally, any person convicted of a reckless driving offense which thecourt has reason to believe is alcohol-related or drug-related may berequired as a condition of probation or otherwise to enter into andsuccessfully complete an alcohol safety action program. If the court suspendsa person's driver's license for reckless driving and requires the person toenter into and successfully complete an alcohol safety action program, theCommissioner shall not reinstate the driver's license of the person untilreceipt of certification that the person has enrolled in an alcohol safetyaction program.
If a person so convicted has not obtained the license required by thischapter, or is a nonresident, the court may direct in the judgment ofconviction that he shall not, for a period of not less than 10 days or morethan six months as may be prescribed in the judgment, drive any motor vehiclein the Commonwealth. The court or the clerk of court shall transmit thelicense to the Commissioner along with the report of the conviction requiredto be sent to the Department.
The court may, in its discretion and for good cause shown, provide that suchperson be issued a restricted permit to operate a motor vehicle during theperiod of suspension for any of the purposes set forth in subsection E of §18.2-271.1. The court shall order the surrender of such person's license tooperate a motor vehicle to be disposed of in accordance with the provisionsof § 46.2-398 and shall forward to the Commissioner a copy of its orderentered pursuant to this subsection, which shall specifically enumerate therestrictions imposed and contain such information regarding the person towhom such a permit is issued as is reasonably necessary to identify suchperson. The court shall also provide a copy of its order to the person whomay operate a motor vehicle on the order until receipt from the Commissionerof a restricted license. A copy of such order and, after receipt thereof, therestricted license shall be carried at all times while operating a motorvehicle. Any person who operates a motor vehicle in violation of anyrestrictions imposed pursuant to this section shall be punished as providedin subsection C of § 46.2-301. No restricted license issued pursuant to thissection shall permit any person to operate a commercial motor vehicle asdefined in the Virginia Commercial Driver's License Act (§ 46.2-341.1 etseq.).
(Code 1950, § 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c. 541, §46.1-422; 1981, c. 237; 1989, c. 727; 1996, c. 615; 2000, c. 342; 2001, cc.645, 779; 2004, c. 361; 2007, c. 432.)