{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-396.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-396.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-396.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-396.html"}],"law_id":58653,"edition_id":1,"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","history":"1976, c. 320, \u00a7 46.1-423.4; 1984, c. 780; 1989, c. 727.","full_text":"When any person is convicted of reckless driving as provided for in \u00a7\u00a7 46.2-853 through 46.2-864 and the reckless driving was the cause of the death of any person, then in addition to any other penalties provided by law, the driver&#8217;s license of the person may be suspended by the court for no more than twelve months. In case of conviction the court may order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of \u00a7 46.2-398. If the person so convicted has not obtained a license required by this chapter or is a nonresident, the court may direct in the judgment of conviction that the person shall not drive any motor vehicle in the Commonwealth for a period not to exceed twelve months. The fact of the suspension shall not be admissible as evidence in any related civil proceeding.","order_by":null,"text":{"0":{"id":214969,"text":"When any person is convicted of reckless driving as provided for in \u00a7\u00a7 46.2-853 through 46.2-864 and the reckless driving was the cause of the death of any person, then in addition to any other penalties provided by law, the driver&#8217;s license of the person may be suspended by the court for no more than twelve months. In case of conviction the court may order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of \u00a7 46.2-398. If the person so convicted has not obtained a license required by this chapter or is a nonresident, the court may direct in the judgment of conviction that the person shall not drive any motor vehicle in the Commonwealth for a period not to exceed twelve months. The fact of the suspension shall not be admissible as evidence in any related civil proceeding.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-396\/","history_text":"<p>This law was first created in 1976. The record of its establishment is cataloged in chapter 320 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. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 780; in 1989, chapter 727.<\/p>","references":false,"refers_to":[{"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":79974,"section_number":"46.2-853","catch_line":"Driving vehicle which is not under control; faulty brakes","order_by":null,"url":"\/46.2-853\/"},{"id":57003,"section_number":"46.2-864","catch_line":"Reckless driving on parking lots, etc","order_by":null,"url":"\/46.2-864\/"}],"permalink":{"id":225819,"object_type":"law","relational_id":58653,"identifier":"46.2-396","token":"46.2\/II\/3\/12\/46.2-396","url":"\/46.2-396\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-396\/","token":"46.2\/II\/3\/12\/46.2-396","dublin_core":{"Title":"Suspension of license for reckless driving resulting in death of any person","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-396","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>When any person is convicted of <span class=\"dictionary\">reckless driving<\/span> as provided for in \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Driving vehicle which is not under control; faulty brakes\" href=\"\/46.2-853\/\">46.2-853<\/a> through <a class=\"law\" title=\"Reckless driving on parking lots, etc\" href=\"\/46.2-864\/\">46.2-864<\/a> and the <span class=\"dictionary\">reckless driving<\/span> was the cause of the death of any person, then in addition to any other penalties provided by <span class=\"dictionary\">law<\/span>, the <span class=\"dictionary\">driver<\/span>&#8217;s license of the person may be suspended by the <span class=\"dictionary\">court<\/span> for no more than twelve months. In case of <span class=\"dictionary\">conviction<\/span> the <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">order<\/span> the surrender of the license to the <span class=\"dictionary\">court<\/span> where it shall be disposed of in accordance with the provisions of \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>. If the person so convicted has not obtained a license required by this chapter or is a <span class=\"dictionary\">nonresident<\/span>, the <span class=\"dictionary\">court<\/span> may direct in the <span class=\"dictionary\">judgment<\/span> of <span class=\"dictionary\">conviction<\/span> that the person shall not drive any <span class=\"dictionary\">motor vehicle<\/span> in the Commonwealth for a period not to exceed twelve months. The <span class=\"dictionary\">fact<\/span> of the <span class=\"dictionary\">suspension<\/span> shall not be <span class=\"dictionary\">admissible<\/span> as <span class=\"dictionary\">evidence<\/span> in any related civil proceeding.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUSPENSION OF LICENSE FOR RECKLESS DRIVING RESULTING IN DEATH OF ANY PERSON (\u00a7\n46.2-396)\n\nWhen any person is convicted of reckless driving as provided for in \u00a7\u00a7\n46.2-853 through 46.2-864 and the reckless driving was the cause of the death of\nany person, then in addition to any other penalties provided by law, the\ndriver&#8217;s license of the person may be suspended by the court for no more\nthan twelve months. In case of conviction the court may order the surrender of\nthe license to the court where it shall be disposed of in accordance with the\nprovisions of \u00a7 46.2-398. If the person so convicted has not obtained a license\nrequired by this chapter or is a nonresident, the court may direct in the\njudgment of conviction that the person shall not drive any motor vehicle in the\nCommonwealth for a period not to exceed twelve months. The fact of the\nsuspension shall not be admissible as evidence in any related civil proceeding.\n\nHISTORY: 1976, c. 320, \u00a7 46.1-423.4; 1984, c. 780; 1989, c. 727.","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}}