{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-410.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-410.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-410.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-410.1.html"}],"law_id":73385,"edition_id":1,"section_id":73385,"structure_id":14811,"section_number":"46.2-410.1","catch_line":"Judicial review of revocation or suspension by Commissioner","history":"2001, cc. 739, 749; 2002, c. 811; 2020, cc. 740, 741.","full_text":"A\n\nNotwithstanding the provisions of § 46.2-410, when the Commissioner orders a revocation or suspension of a person’s driver’s license under the provisions of this chapter, the person so aggrieved may, in cases of manifest injustice, within 60 days of receipt of notice of the suspension or revocation, petition the circuit court of the jurisdiction wherein he resides for a hearing to review the Commissioner’s order. Manifest injustice is defined as those instances where the Commissioner’s order was the result of an error or was issued without authority or jurisdiction. The person shall provide notice of his petition to the attorney for the Commonwealth of that jurisdiction.B\n\nAt the hearing on the petition, if the court finds that the Commissioner’s order is manifestly unjust the court may, notwithstanding any other provision of law, order the Commissioner to modify the order or issue the person a restricted license in accordance with the provisions of § 18.2-271.1. For any action under this section, no appeal shall lie from the determination of the circuit court.C\n\nThis section shall not apply to any disqualification of eligibility to operate a commercial motor vehicle imposed by the Commissioner pursuant to Article 6.1 (§ 46.2-341.1 et seq.).","order_by":null,"text":{"0":{"id":264089,"text":"Notwithstanding the provisions of § 46.2-410, when the Commissioner orders a revocation or suspension of a person’s driver’s license under the provisions of this chapter, the person so aggrieved may, in cases of manifest injustice, within 60 days of receipt of notice of the suspension or revocation, petition the circuit court of the jurisdiction wherein he resides for a hearing to review the Commissioner’s order. Manifest injustice is defined as those instances where the Commissioner’s order was the result of an error or was issued without authority or jurisdiction. The person shall provide notice of his petition to the attorney for the Commonwealth of that jurisdiction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264090,"text":"At the hearing on the petition, if the court finds that the Commissioner’s order is manifestly unjust the court may, notwithstanding any other provision of law, order the Commissioner to modify the order or issue the person a restricted license in accordance with the provisions of § 18.2-271.1. For any action under this section, no appeal shall lie from the determination of the circuit court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":264091,"text":"This section shall not apply to any disqualification of eligibility to operate a commercial motor vehicle imposed by the Commissioner pursuant to Article 6.1 (§ 46.2-341.1 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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; 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offenses under the laws of other jurisdictions","url":"\/46.2-410.2\/","token":"46.2\/II\/3\/12\/46.2-410.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-410.1\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapters 739<\/a> and 749<\/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. 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 2002, chapter 811<\/a>; in 2020, chapters 740<\/a> and 741<\/a>.<\/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":62139,"section_number":"46.2-341.1","catch_line":"Title","order_by":null,"url":"\/46.2-341.1\/"},{"id":76313,"section_number":"46.2-410","catch_line":"Appeals from order suspending or revoking license or registration","order_by":null,"url":"\/46.2-410\/"}],"permalink":{"id":225887,"object_type":"law","relational_id":73385,"identifier":"46.2-410.1","token":"46.2\/II\/3\/12\/46.2-410.1","url":"\/46.2-410.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-410.1\/","token":"46.2\/II\/3\/12\/46.2-410.1","dublin_core":{"Title":"Judicial review of revocation or suspension by Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-410.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 46.2-410<\/a>, when the Commissioner<\/span> orders<\/span> a revocation<\/span> or suspension<\/span> of a person’s driver<\/span>’s license under the provisions of this chapter, the person so aggrieved may, in cases of manifest injustice, within 60 days of receipt of notice of the suspension<\/span> or revocation<\/span>, petition<\/span> the circuit<\/span> court<\/span> of the jurisdiction<\/span> wherein he resides for a hearing<\/span> to review the Commissioner<\/span>’s order<\/span>. Manifest injustice is defined as those instances where the Commissioner<\/span>’s order<\/span> was the result of an error or was issued without authority or jurisdiction<\/span>. The person shall provide notice of his petition<\/span> to the attorney for the Commonwealth of that jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the hearing<\/span> on the petition<\/span>, if the court<\/span> finds that the Commissioner<\/span>’s order<\/span> is manifestly unjust the court<\/span> may, notwithstanding any other provision of law<\/span>, order<\/span> the Commissioner<\/span> to modify the order<\/span> or issue<\/span> the person a restricted license in accordance with the provisions of § 18.2-271.1<\/a>. For any action under this section, no appeal<\/span> shall lie from the determination of the circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not apply to any disqualification of eligibility to operate a commercial motor vehicle<\/span> imposed by the Commissioner<\/span> pursuant to Article 6.1 (§ 46.2-341.1<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDICIAL REVIEW OF REVOCATION OR SUSPENSION BY COMMISSIONER (\u00a7 46.2-410.1)\n\nA. Notwithstanding the provisions of § 46.2-410, when the Commissioner\norders a revocation or suspension of a person’s driver’s license\nunder the provisions of this chapter, the person so aggrieved may, in cases of\nmanifest injustice, within 60 days of receipt of notice of the suspension or\nrevocation, petition the circuit court of the jurisdiction wherein he resides\nfor a hearing to review the Commissioner’s order. Manifest injustice is\ndefined as those instances where the Commissioner’s order was the result\nof an error or was issued without authority or jurisdiction. The person shall\nprovide notice of his petition to the attorney for the Commonwealth of that\njurisdiction.\n\nB. At the hearing on the petition, if the court finds that the\nCommissioner’s order is manifestly unjust the court may, notwithstanding\nany other provision of law, order the Commissioner to modify the order or issue\nthe person a restricted license in accordance with the provisions of §\n18.2-271.1. For any action under this section, no appeal shall lie from the\ndetermination of the circuit court.\n\nC. This section shall not apply to any disqualification of eligibility to\noperate a commercial motor vehicle imposed by the Commissioner pursuant to\nArticle 6.1 (§ 46.2-341.1 et seq.).\n\nHISTORY: 2001, cc. 739, 749; 2002, c. 811; 2020, cc. 740, 741.","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}}