                                 CODE OF VIRGINIA

JUDICIAL REVIEW OF REVOCATION OR SUSPENSION BY COMMISSIONER (§ 46.2-410.1)

A. Notwithstanding the provisions of &#xA7; 46.2-410, when the Commissioner
orders a revocation or suspension of a person&#8217;s driver&#8217;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&#8217;s order. Manifest injustice is
defined as those instances where the Commissioner&#8217;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. At the hearing on the petition, if the court finds that the
Commissioner&#8217;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 &#xA7;
18.2-271.1. For any action under this section, no appeal shall lie from the
determination of the circuit court.

C. 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 (&#xA7; 46.2-341.1 et seq.).

HISTORY: 2001, cc. 739, 749; 2002, c. 811; 2020, cc. 740, 741.