46.2-395 - Suspension of license for failure or refusal to pay fines or costs.
§ 46.2-395. Suspension of license for failure or refusal to pay fines orcosts.
A. Any person, whether licensed by Virginia or not, who drives a motorvehicle on the highways in the Commonwealth shall thereby, as a condition ofsuch driving, consent to pay all lawful fines, court costs, forfeitures,restitution, and penalties assessed against him for violations of the laws ofthe Commonwealth; of any county, city, or town; or of the United States. Forthe purpose of this section, such fines and costs shall be deemed to includeany fee assessed by the court under the provisions of § 18.2-271.1 for entryby a person convicted of a violation of § 18.2-51.4 or § 18.2-266 into analcohol safety action program.
B. In addition to any penalty provided by law, when any person is convictedof any violation of the law of the Commonwealth or of the United States or ofany valid local ordinance and fails or refuses to provide for immediatepayment in full of any fine, costs, forfeitures, restitution, or penaltylawfully assessed against him, or fails to make deferred payments orinstallment payments as ordered by the court, the court shall forthwithsuspend the person's privilege to drive a motor vehicle on the highways inthe Commonwealth. The driver's license of the person shall continue suspendeduntil the fine, costs, forfeiture, restitution, or penalty has been paid infull. However, if the defendant, after having his license suspended, pays thereinstatement fee to the Department of Motor Vehicles and enters into anagreement under § 19.2-354 that is acceptable to the court to make deferredpayments or installment payments of unpaid fines, costs, forfeitures,restitution, or penalties as ordered by the court, the defendant's driver'slicense shall thereby be restored. If the person has not obtained a licenseas provided in this chapter, or is a nonresident, the court may direct in thejudgment of conviction that the person shall not drive any motor vehicle inVirginia for a period to coincide with the nonpayment of the amounts due.
C. Before transmitting to the Commissioner a record of the person's failureor refusal to pay all or part of any fine, costs, forfeiture, restitution, orpenalty or a failure to comply with an order issued pursuant to § 19.2-354,the clerk of the court that convicted the person shall provide or cause to besent to the person written notice of the suspension of his license orprivilege to drive a motor vehicle in Virginia, effective 15 days from thedate of conviction, if the fine, costs, forfeiture, restitution, or penaltyis not paid prior to the effective date of the suspension as stated on thenotice. Notice shall be provided to the person at the time of trial or shallbe mailed by first-class mail to the address certified on the summons or bailrecognizance document as the person's current mailing address, or to suchmailing address as the person has subsequently provided to the court as achange of address. If so mailed on the date of conviction or within fivebusiness days thereof, or if delivered to the person at the time of trial,such notice shall be adequate notice of the license suspension and of theperson's ability to avoid suspension by paying the fine, costs, forfeiture,restitution, or penalty prior to the effective date. No other notice shall berequired to make the suspension effective. A record of the person's failureor refusal and of the license suspension shall be sent to the Commissioner ifthe fine, costs, forfeiture, restitution, or penalty remains unpaid on theeffective date of the suspension specified in the notice or on the failure tomake a scheduled payment.
C1. Whenever a person provides for payment of a fine, costs, forfeiture,restitution or penalty other than by cash and such provision for paymentfails, the clerk of the court that convicted the person shall cause to besent to the person written notice of the failure and of the suspension of hislicense or privilege to drive in Virginia. The license suspension shall beeffective 10 days from the date of the notice. The notice shall be effectivenotice of the suspension and of the person's ability to avoid the suspensionby paying the full amount owed by cash, cashier's check or certified checkprior to the effective date of the suspension if the notice is mailed byfirst class mail to the address provided by the person to the court pursuantto subsection C or § 19.2-354. Upon such a failure of payment and notice, thefine, costs, forfeiture, restitution or penalty due shall be paid only incash, cashier's check or certified check, unless otherwise ordered by thecourt, for good cause shown.
D. If the person pays the amounts assessed against him subsequent to the timethe suspended license has been transmitted to the Department, and his licenseis not under suspension or revocation for any other lawful reason, exceptpursuant to this section, then the Commissioner shall return the license tothe person on presentation of the official report of the court evidencing thepayment of the fine, costs, forfeiture, restitution, or penalty.
E. Any person otherwise eligible for a restricted license may petition eachcourt that suspended his license pursuant to this section for authorizationfor a restricted license. A court may, upon written verification ofemployment and for good cause shown, authorize the Department of MotorVehicles to issue a restricted license to operate a motor vehicle for any ofthe purposes set forth in subsection E of § 18.2-271.1. No restricted licensemay be issued unless each court which suspended the person's license pursuantto this section provides authorization for a restricted license. Suchrestricted license shall not be issued for more than a six-month period. Norestricted license issued pursuant to this subsection shall permit a personto operate a commercial motor vehicle as defined in the Commercial Driver'sLicense Act (§ 46.2-341.1 et seq.).
The court shall forward to the Commissioner a copy of its authorizationentered pursuant to this section, which shall specifically enumerate therestrictions imposed and contain such information regarding the person towhom such a license is issued as is reasonably necessary to identify theperson. The court shall also provide a copy of its authorization to theperson, who may not operate a motor vehicle until receipt from theCommissioner of a restricted license. A copy of the restricted license issuedby the Commissioner 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.
(1971, Ex. Sess., c. 249, § 46.1-423.3; 1975, c. 134; 1977, c. 585; 1982, c.673; 1983, c. 279; 1984, c. 780; 1988, cc. 770, 852; 1989, cc. 444, 727;1992, c. 891; 1993, c. 24; 1994, cc. 841, 945; 1997, c. 691; 1998, c. 831;2000, cc. 956, 982; 2001, cc. 278, 414; 2002, c. 246; 2003, c. 218; 2007, c.327; 2008, c. 861.)