{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-396.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-396.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-396.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-396.1.html"}],"law_id":74474,"edition_id":1,"section_id":74474,"structure_id":14811,"section_number":"46.2-396.1","catch_line":"Conviction of serious driving offense","history":"2002, c. 849.","full_text":"Upon the conviction of a traffic offense that causes the death of any person and which (i) the Commissioner has designated a serious traffic offense, a relatively serious traffic offense, or a traffic offense of a less serious nature under \u00a7 46.2-492 or (ii) constitutes any criminal offense in this title, the court may suspend the driver&#8217;s license of the person convicted for not more than twelve months, in addition to any other penalties provided by law and may order the surrender of his license to the court to be disposed of in accordance with \u00a7 46.2-398. In those cases where the court determines it is appropriate, the court may provide that any individual whose license is suspended pursuant to this section be issued a restricted license to operate a motor vehicle for any of the purposes set forth in subsection E of \u00a7 18.2-271.1 during the term of suspension. If the convicted driver does not have a driver&#8217;s license, as defined in \u00a7 46.2-100, or is a nonresident, the court may order the driver not to drive any motor vehicle in the Commonwealth for not more than twelve months.","order_by":null,"text":{"0":{"id":267651,"text":"Upon the conviction of a traffic offense that causes the death of any person and which (i) the Commissioner has designated a serious traffic offense, a relatively serious traffic offense, or a traffic offense of a less serious nature under \u00a7 46.2-492 or (ii) constitutes any criminal offense in this title, the court may suspend the driver&#8217;s license of the person convicted for not more than twelve months, in addition to any other penalties provided by law and may order the surrender of his license to the court to be disposed of in accordance with \u00a7 46.2-398. In those cases where the court determines it is appropriate, the court may provide that any individual whose license is suspended pursuant to this section be issued a restricted license to operate a motor vehicle for any of the purposes set forth in subsection E of \u00a7 18.2-271.1 during the term of suspension. If the convicted driver does not have a driver&#8217;s license, as defined in \u00a7 46.2-100, or is a nonresident, the court may order the driver not to drive any motor vehicle in the Commonwealth for not more than twelve months.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14811,"edition_id":1,"name":"Suspension and Revocation of Licenses, Generally; Additional Penalties","identifier":"12","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:50:05","date_modified":"2026-06-26 03:50:05","permalink":{"id":225761,"object_type":"structure","relational_id":14811,"identifier":"12","token":"46.2\/II\/3\/12","url":"\/46.2\/II\/3\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59065,"structure_id":14811,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions","url":"\/46.2-389\/","token":"46.2\/II\/3\/12\/46.2-389","metadata":false},{"id":86987,"structure_id":14811,"section_number":"46.2-390","catch_line":"Required suspension for conviction of theft or unauthorized use of a motor vehicle","url":"\/46.2-390\/","token":"46.2\/II\/3\/12\/46.2-390","metadata":false},{"id":74877,"structure_id":14811,"section_number":"46.2-390.1","catch_line":"Repealed","url":"\/46.2-390.1\/","token":"46.2\/II\/3\/12\/46.2-390.1","metadata":false},{"id":72043,"structure_id":14811,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","url":"\/46.2-391\/","token":"46.2\/II\/3\/12\/46.2-391","metadata":false},{"id":83723,"structure_id":14811,"section_number":"46.2-391.01","catch_line":"Administrative enforcement of ignition interlock requirements","url":"\/46.2-391.01\/","token":"46.2\/II\/3\/12\/46.2-391.01","metadata":false},{"id":56648,"structure_id":14811,"section_number":"46.2-391.1","catch_line":"Suspension of registration certificates and plates upon suspension or revocation of driver's license","url":"\/46.2-391.1\/","token":"46.2\/II\/3\/12\/46.2-391.1","metadata":false},{"id":66643,"structure_id":14811,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","url":"\/46.2-391.2\/","token":"46.2\/II\/3\/12\/46.2-391.2","metadata":false},{"id":67850,"structure_id":14811,"section_number":"46.2-391.3","catch_line":"Content of notice of suspension","url":"\/46.2-391.3\/","token":"46.2\/II\/3\/12\/46.2-391.3","metadata":false},{"id":72992,"structure_id":14811,"section_number":"46.2-391.4","catch_line":"When suspension to be rescinded","url":"\/46.2-391.4\/","token":"46.2\/II\/3\/12\/46.2-391.4","metadata":false},{"id":77964,"structure_id":14811,"section_number":"46.2-391.5","catch_line":"Preparation and distribution of forms","url":"\/46.2-391.5\/","token":"46.2\/II\/3\/12\/46.2-391.5","metadata":false},{"id":62771,"structure_id":14811,"section_number":"46.2-392","catch_line":"Suspension of license or issuance of a restricted license on conviction of certain offenses; probationary conditions required; generally","url":"\/46.2-392\/","token":"46.2\/II\/3\/12\/46.2-392","metadata":false},{"id":72292,"structure_id":14811,"section_number":"46.2-393","catch_line":"(Effective July 1, 2026) Suspension of license on conviction of certain reckless offenses; restricted licenses","url":"\/46.2-393\/","token":"46.2\/II\/3\/12\/46.2-393","metadata":false},{"id":62087,"structure_id":14811,"section_number":"46.2-394","catch_line":"(Effective until July 1, 2026) Revocation of license for fourth conviction of certain offenses","url":"\/46.2-394\/","token":"46.2\/II\/3\/12\/46.2-394","metadata":false},{"id":82297,"structure_id":14811,"section_number":"46.2-395","catch_line":"Repealed","url":"\/46.2-395\/","token":"46.2\/II\/3\/12\/46.2-395","metadata":false},{"id":58653,"structure_id":14811,"section_number":"46.2-396","catch_line":"Suspension of license for reckless driving resulting in death of any person","url":"\/46.2-396\/","token":"46.2\/II\/3\/12\/46.2-396","metadata":false},{"id":74474,"structure_id":14811,"section_number":"46.2-396.1","catch_line":"Conviction of serious driving offense","url":"\/46.2-396.1\/","token":"46.2\/II\/3\/12\/46.2-396.1","metadata":false},{"id":79059,"structure_id":14811,"section_number":"46.2-397","catch_line":"Suspension of license for certain violations while transporting explosives, inflammable gas or liquid","url":"\/46.2-397\/","token":"46.2\/II\/3\/12\/46.2-397","metadata":false},{"id":73682,"structure_id":14811,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","url":"\/46.2-398\/","token":"46.2\/II\/3\/12\/46.2-398","metadata":false},{"id":57572,"structure_id":14811,"section_number":"46.2-398.1","catch_line":"Issuance of restricted driver's privilege to out-of-state licensees","url":"\/46.2-398.1\/","token":"46.2\/II\/3\/12\/46.2-398.1","metadata":false},{"id":73022,"structure_id":14811,"section_number":"46.2-399","catch_line":"Revocation of license for improper use or failure to pay certain taxes","url":"\/46.2-399\/","token":"46.2\/II\/3\/12\/46.2-399","metadata":false},{"id":77576,"structure_id":14811,"section_number":"46.2-400","catch_line":"Suspension of license of person not competent to drive; restoration of license; duty of clerk of the court","url":"\/46.2-400\/","token":"46.2\/II\/3\/12\/46.2-400","metadata":false},{"id":61484,"structure_id":14811,"section_number":"46.2-401","catch_line":"Reports to Commissioner of discharge of individuals from state facilities","url":"\/46.2-401\/","token":"46.2\/II\/3\/12\/46.2-401","metadata":false},{"id":77629,"structure_id":14811,"section_number":"46.2-402","catch_line":"When Commissioner may suspend or revoke license for not more than one year after hearing","url":"\/46.2-402\/","token":"46.2\/II\/3\/12\/46.2-402","metadata":false},{"id":74993,"structure_id":14811,"section_number":"46.2-403","catch_line":"Contents of notice of hearing","url":"\/46.2-403\/","token":"46.2\/II\/3\/12\/46.2-403","metadata":false},{"id":70169,"structure_id":14811,"section_number":"46.2-404","catch_line":"Where and before whom hearing held","url":"\/46.2-404\/","token":"46.2\/II\/3\/12\/46.2-404","metadata":false},{"id":81143,"structure_id":14811,"section_number":"46.2-405","catch_line":"How hearings to be conducted","url":"\/46.2-405\/","token":"46.2\/II\/3\/12\/46.2-405","metadata":false},{"id":66171,"structure_id":14811,"section_number":"46.2-406","catch_line":"Appointment and authority of hearing officers","url":"\/46.2-406\/","token":"46.2\/II\/3\/12\/46.2-406","metadata":false},{"id":57533,"structure_id":14811,"section_number":"46.2-407","catch_line":"Form and contents of decision; copies","url":"\/46.2-407\/","token":"46.2\/II\/3\/12\/46.2-407","metadata":false},{"id":75310,"structure_id":14811,"section_number":"46.2-408","catch_line":"When Commissioner may suspend or revoke license for no more than five years","url":"\/46.2-408\/","token":"46.2\/II\/3\/12\/46.2-408","metadata":false},{"id":77040,"structure_id":14811,"section_number":"46.2-409","catch_line":"Certain abstracts of conviction to be prima facie evidence of conviction","url":"\/46.2-409\/","token":"46.2\/II\/3\/12\/46.2-409","metadata":false},{"id":76313,"structure_id":14811,"section_number":"46.2-410","catch_line":"Appeals from order suspending or revoking license or registration","url":"\/46.2-410\/","token":"46.2\/II\/3\/12\/46.2-410","metadata":false},{"id":73385,"structure_id":14811,"section_number":"46.2-410.1","catch_line":"Judicial review of revocation or suspension by Commissioner","url":"\/46.2-410.1\/","token":"46.2\/II\/3\/12\/46.2-410.1","metadata":false},{"id":70879,"structure_id":14811,"section_number":"46.2-410.2","catch_line":"License suspension or revocation by Commissioner; offenses under the laws of other jurisdictions","url":"\/46.2-410.2\/","token":"46.2\/II\/3\/12\/46.2-410.2","metadata":false},{"id":60308,"structure_id":14811,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","url":"\/46.2-411\/","token":"46.2\/II\/3\/12\/46.2-411","metadata":false},{"id":86068,"structure_id":14811,"section_number":"46.2-411.1","catch_line":"Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated","url":"\/46.2-411.1\/","token":"46.2\/II\/3\/12\/46.2-411.1","metadata":false},{"id":78915,"structure_id":14811,"section_number":"46.2-412","catch_line":"Time suspension or revocation","url":"\/46.2-412\/","token":"46.2\/II\/3\/12\/46.2-412","metadata":false},{"id":64511,"structure_id":14811,"section_number":"46.2-413","catch_line":"Effect of reversal of conviction","url":"\/46.2-413\/","token":"46.2\/II\/3\/12\/46.2-413","metadata":false},{"id":72945,"structure_id":14811,"section_number":"46.2-414","catch_line":"Commencement of periods for suspension or revocation of licenses, registration cards, or license plates","url":"\/46.2-414\/","token":"46.2\/II\/3\/12\/46.2-414","metadata":false},{"id":80334,"structure_id":14811,"section_number":"46.2-415","catch_line":"United States magistrates and judges of district courts authorized to revoke or suspend driver's license under certain conditions","url":"\/46.2-415\/","token":"46.2\/II\/3\/12\/46.2-415","metadata":false},{"id":57478,"structure_id":14811,"section_number":"46.2-416","catch_line":"Notice of suspension or revocation of license","url":"\/46.2-416\/","token":"46.2\/II\/3\/12\/46.2-416","metadata":false},{"id":69507,"structure_id":14811,"section_number":"46.2-416.1","catch_line":"Repealed","url":"\/46.2-416.1\/","token":"46.2\/II\/3\/12\/46.2-416.1","metadata":false}],"previous_section":{"id":58653,"structure_id":14811,"section_number":"46.2-396","catch_line":"Suspension of license for reckless driving resulting in death of any person","url":"\/46.2-396\/","token":"46.2\/II\/3\/12\/46.2-396","metadata":false},"next_section":{"id":79059,"structure_id":14811,"section_number":"46.2-397","catch_line":"Suspension of license for certain violations while transporting explosives, inflammable gas or liquid","url":"\/46.2-397\/","token":"46.2\/II\/3\/12\/46.2-397","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-396.1\/","history_text":"<p>This law was first created in 2002. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0849\">849<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":73682,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","order_by":null,"url":"\/46.2-398\/"},{"id":59312,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","order_by":null,"url":"\/46.2-492\/"}],"permalink":{"id":225823,"object_type":"law","relational_id":74474,"identifier":"46.2-396.1","token":"46.2\/II\/3\/12\/46.2-396.1","url":"\/46.2-396.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-396.1\/","token":"46.2\/II\/3\/12\/46.2-396.1","dublin_core":{"Title":"Conviction of serious driving offense","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-396.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Upon the <span class=\"dictionary\">conviction<\/span> of a traffic <span class=\"dictionary\">offense<\/span> that causes the death of any person and which (i) the <span class=\"dictionary\">Commissioner<\/span> has designated a serious traffic <span class=\"dictionary\">offense<\/span>, a relatively serious traffic <span class=\"dictionary\">offense<\/span>, or a traffic <span class=\"dictionary\">offense<\/span> of a less serious nature under \u00a7&nbsp;<a class=\"law\" title=\"Uniform Demerit Point System\" href=\"\/46.2-492\/\">46.2-492<\/a> or (ii) constitutes any criminal <span class=\"dictionary\">offense<\/span> in this title, the <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">suspend<\/span> the <span class=\"dictionary\">driver<\/span>&#8217;s license of the person convicted for not more than twelve months, in addition to any other penalties provided by <span class=\"dictionary\">law<\/span> and may <span class=\"dictionary\">order<\/span> the surrender of his license to the <span class=\"dictionary\">court<\/span> to be disposed of in accordance with \u00a7&nbsp;<a class=\"law\" title=\"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension\" href=\"\/46.2-398\/\">46.2-398<\/a>. In those cases where the <span class=\"dictionary\">court<\/span> determines it is appropriate, the <span class=\"dictionary\">court<\/span> may provide that any individual whose license is suspended pursuant to this section be issued a restricted license to operate a <span class=\"dictionary\">motor vehicle<\/span> for any of the purposes set forth in subsection E of \u00a7&nbsp;<a class=\"law\" title=\"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law\" href=\"\/18.2-271.1\/\">18.2-271.1<\/a> during the term of <span class=\"dictionary\">suspension<\/span>. If the convicted <span class=\"dictionary\">driver<\/span> does not have a <span class=\"dictionary\">driver<\/span>&#8217;s license, as defined in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/46.2-100\/\">46.2-100<\/a>, or is a <span class=\"dictionary\">nonresident<\/span>, the <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">driver<\/span> not to drive any <span class=\"dictionary\">motor vehicle<\/span> in the Commonwealth for not more than twelve months.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONVICTION OF SERIOUS DRIVING OFFENSE (\u00a7 46.2-396.1)\n\nUpon the conviction of a traffic offense that causes the death of any person and\nwhich (i) the Commissioner has designated a serious traffic offense, a\nrelatively serious traffic offense, or a traffic offense of a less serious\nnature under \u00a7 46.2-492 or (ii) constitutes any criminal offense in this title,\nthe court may suspend the driver&#8217;s license of the person convicted for not\nmore than twelve months, in addition to any other penalties provided by law and\nmay order the surrender of his license to the court to be disposed of in\naccordance with \u00a7 46.2-398. In those cases where the court determines it is\nappropriate, the court may provide that any individual whose license is\nsuspended pursuant to this section be issued a restricted license to operate a\nmotor vehicle for any of the purposes set forth in subsection E of \u00a7 18.2-271.1\nduring the term of suspension. If the convicted driver does not have a\ndriver&#8217;s license, as defined in \u00a7 46.2-100, or is a nonresident, the\ncourt may order the driver not to drive any motor vehicle in the Commonwealth\nfor not more than twelve months.\n\nHISTORY: 2002, c. 849.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}