{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-402.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-402.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-402.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-402.html"}],"law_id":77629,"edition_id":1,"section_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","history":"Code 1950, \u00a7 46-420; 1958, c. 541, \u00a7 46.1-430; 1984, c. 780; 1989, c. 727; 1996, cc. 943, 994.","full_text":"A\n\nThe Commissioner may, after due hearing, after giving not less than five days’ written notice by registered letter to the most recent address of the driver on file at the Department, suspend or revoke for not more than one year and not thereafter reissue during the period of suspension or revocation the Virginia driver’s license issued to any person whenever it is satisfactorily proved at the hearing conducted by the Commissioner or other personnel of the Department designated by him, that the licensee under charges:1\n\nHas, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other person or in serious property damage,2\n\nIs incompetent to drive a motor vehicle,3\n\nSuffers from mental or physical infirmities or disabilities rendering it unsafe for him to drive a motor vehicle on the highways,4\n\nIs habitually a reckless or negligent driver of a motor vehicle, or5\n\nHas committed a serious violation of the motor vehicle laws of this Commonwealth.B\n\nThe Commissioner, in determining the propriety of suspending or revoking a license as provided in this section, may take into consideration facts and conditions antedating the issuance of the current license.","order_by":null,"text":{"0":{"id":278478,"text":"The Commissioner may, after due hearing, after giving not less than five days’ written notice by registered letter to the most recent address of the driver on file at the Department, suspend or revoke for not more than one year and not thereafter reissue during the period of suspension or revocation the Virginia driver’s license issued to any person whenever it is satisfactorily proved at the hearing conducted by the Commissioner or other personnel of the Department designated by him, that the licensee under charges:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":278479,"text":"Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other person or in serious property damage,","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":278480,"text":"Is incompetent to drive a motor vehicle,","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":278481,"text":"Suffers from mental or physical infirmities or disabilities rendering it unsafe for him to drive a motor vehicle on the highways,","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":278482,"text":"Is habitually a reckless or negligent driver of a motor vehicle, or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":278483,"text":"Has committed a serious violation of the motor vehicle laws of this Commonwealth.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":278484,"text":"The Commissioner, in determining the propriety of suspending or revoking a license as provided in this section, may take into consideration facts and conditions antedating the issuance of the current license.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5"}},"ancestry":[{"id":14811,"edition_id":1,"name":"Suspension and Revocation of Licenses, Generally; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1958, chapter 541; in 1984, chapter 780; in 1989, chapter 727; in 1996, chapters 943<\/a> and 994<\/a>.<\/p>","references":[{"id":74993,"section_number":"46.2-403","catch_line":"Contents of notice of hearing","order_by":null,"url":"\/46.2-403\/"},{"id":57414,"section_number":"46.2-506","catch_line":"(Effective July 1, 2026) Formal hearings; suspension for excessive point accumulation","order_by":null,"url":"\/46.2-506\/"}],"refers_to":false,"permalink":{"id":225851,"object_type":"law","relational_id":77629,"identifier":"46.2-402","token":"46.2\/II\/3\/12\/46.2-402","url":"\/46.2-402\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-402\/","token":"46.2\/II\/3\/12\/46.2-402","dublin_core":{"Title":"When Commissioner may suspend or revoke license for not more than one year after hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-402","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may, after due hearing<\/span>, after giving not less than five days’ written notice by registered letter to the most recent address of the driver<\/span> on file at the Department<\/span>, suspend<\/span> or revoke<\/span> for not more than one year and not thereafter reissue during the period of suspension<\/span> or revocation<\/span> the Virginia driver<\/span>’s license issued to any person whenever it is satisfactorily proved at the hearing<\/span> conducted by the Commissioner<\/span> or other personnel of the Department<\/span> designated by him, that the licensee under charges: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Has, by reckless or unlawful operation of a motor vehicle<\/span>, caused or contributed to an accident resulting in death or injury to any other person or in serious property damage, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is incompetent to drive a motor vehicle<\/span>, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Suffers from mental or physical infirmities or disabilities rendering it unsafe for him to drive a motor vehicle<\/span> on the highways<\/span><\/span>, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Is habitually a reckless or negligent driver<\/span> of a motor vehicle<\/span>, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Has committed a serious violation of the motor vehicle<\/span> laws<\/span> of this Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span>, in determining the propriety of suspending or revoking a license as provided in this section, may take into consideration facts<\/span> and conditions antedating the issuance of the current license. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN COMMISSIONER MAY SUSPEND OR REVOKE LICENSE FOR NOT MORE THAN ONE YEAR AFTER\nHEARING (\u00a7 46.2-402)\n\nA. The Commissioner may, after due hearing, after giving not less than five\ndays’ written notice by registered letter to the most recent address of\nthe driver on file at the Department, suspend or revoke for not more than one\nyear and not thereafter reissue during the period of suspension or revocation\nthe Virginia driver’s license issued to any person whenever it is\nsatisfactorily proved at the hearing conducted by the Commissioner or other\npersonnel of the Department designated by him, that the licensee under charges:\n\n 1. Has, by reckless or unlawful operation of a motor vehicle, caused or\n contributed to an accident resulting in death or injury to any other person or\n in serious property damage,\n\n 2. Is incompetent to drive a motor vehicle,\n\n 3. Suffers from mental or physical infirmities or disabilities rendering it\n unsafe for him to drive a motor vehicle on the highways,\n\n 4. Is habitually a reckless or negligent driver of a motor vehicle, or\n\n 5. Has committed a serious violation of the motor vehicle laws of this\n Commonwealth.\n\nB. The Commissioner, in determining the propriety of suspending or revoking a\nlicense as provided in this section, may take into consideration facts and\nconditions antedating the issuance of the current license.\n\nHISTORY: Code 1950, \u00a7 46-420; 1958, c. 541, \u00a7 46.1-430; 1984, c. 780; 1989, c.\n727; 1996, cc. 943, 994.","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}}