46.2-499 - Driver's license probation.
§ 46.2-499. Driver's license probation.
A. The Commissioner shall place on probation for a period of six months anyperson who has been directed to attend a driver improvement clinic pursuantto the provisions of § 46.2-498. In addition, the Commissioner shall placeany person on probation for a period of six months on receiving a record of aconviction of such person of any offense for which demerit points areassessed and the offense was committed within any driver control periodimposed pursuant to § 46.2-500. Whenever a person who has been placed onprobation is convicted, or found not innocent in the case of a juvenile, ofany offense for which demerit points are assessed, and the offense wascommitted during the probation period, the Commissioner shall suspend theperson's license for a period of ninety days when six demerit points areassigned, for a period of sixty days when four demerit points are assigned,and for a period of forty-five days when three demerit points are assigned.In addition, the Commissioner shall again place the person on probation for aperiod of six months, effective on termination of the suspension imposedpursuant to this section.
B. Upon request, the Commissioner shall grant a restricted license during thefirst period of suspension imposed pursuant to subsection A of this sectionprovided the person is otherwise eligible to be licensed. Any person whosedriver's license is suspended for a second or subsequent time undersubsection A of this section shall be eligible to receive a restricteddriver's license only if the violation occurred within a probation periodthat was immediately preceded by a control period. A restricted license maybe issued for any of the purposes set forth in subsection E of § 18.2-271.1.Written verifications of the person's employment, continuing education ormedically necessary travel shall also be required and made available to theCommissioner. Whenever a person who has been granted a restricted licensepursuant to this subsection is convicted, or found not innocent in the caseof a juvenile, of any offense for which demerit points are assessed, and theoffense was committed during the restricted license period, the Commissionershall suspend the person's license using the same demerit point criteria andsuspension periods set forth in subsection A of this section. No restrictedlicense issued pursuant to this subsection shall permit any person to operatea commercial motor vehicle as defined in the Virginia Commercial Driver'sLicense Act (§ 46.2-341.1 et seq.).
C. Whenever the Department receives notice from the court that restrictedlicense privileges have been granted to a person who has an existingrestricted license issued pursuant to subsection B of this section, theexisting restricted license shall be cancelled, and the Commissioner shallsuspend the person's license for the period of time remaining on the originalorder of suspension. No court-granted restricted license shall be issueduntil the end of the suspension period imposed by the Commissioner.
(1974, c. 453, § 46.1-514.13; 1978, c. 221; 1984, c. 673; 1989, c. 727; 1994,c. 849; 1995, c. 672; 1996, cc. 943, 994; 2001, cc. 645, 779.)