                                 CODE OF VIRGINIA

DRIVER&#8217;S LICENSE PROBATION (§ 46.2-499)

A. The Commissioner shall place on probation for a period of six months any
person who has been directed to attend a driver improvement clinic pursuant to
the provisions of &#xA7; 46.2-498. In addition, the Commissioner shall place any
person on probation for a period of six months on receiving a record of a
conviction of such person of any offense for which demerit points are assessed
and the offense was committed within any driver control period imposed pursuant
to &#xA7; 46.2-500. Whenever a person who has been placed on probation is
convicted, or found not innocent in the case of a juvenile, of any offense for
which demerit points are assessed, and the offense was committed during the
probation period, the Commissioner shall suspend the person&#8217;s license for
a period of ninety days when six demerit points are assigned, for a period of
sixty days when four demerit points are assigned, and for a period of forty-five
days when three demerit points are assigned. In addition, the Commissioner shall
again place the person on probation for a period of six months, effective on
termination of the suspension imposed pursuant to this section.

B. Upon request, the Commissioner shall grant a restricted license during the
first period of suspension imposed pursuant to subsection A of this section
provided the person is otherwise eligible to be licensed. Any person whose
driver&#8217;s license is suspended for a second or subsequent time under
subsection A of this section shall be eligible to receive a restricted
driver&#8217;s license only if the violation occurred within a probation period
that was immediately preceded by a control period. A restricted license may be
issued for any of the purposes set forth in subsection E of &#xA7; 18.2-271.1.
Written verifications of the person&#8217;s employment, continuing education or
medically necessary travel shall also be required and made available to the
Commissioner. Whenever a person who has been granted a restricted license
pursuant to this subsection is convicted, or found not innocent in the case of a
juvenile, of any offense for which demerit points are assessed, and the offense
was committed during the restricted license period, the Commissioner shall
suspend the person&#8217;s license using the same demerit point criteria and
suspension periods set forth in subsection A of this section. No restricted
license issued pursuant to this subsection shall permit any person to operate a
commercial motor vehicle as defined in the Virginia Commercial Driver&#8217;s
License Act (&#xA7; 46.2-341.1 et seq.).

C. Whenever the Department receives notice from the court that restricted
license privileges have been granted to a person who has an existing restricted
license issued pursuant to subsection B of this section, the existing restricted
license shall be cancelled, and the Commissioner shall suspend the
person&#8217;s license for the period of time remaining on the original order of
suspension. No court-granted restricted license shall be issued until the end of
the suspension period imposed by the Commissioner.

HISTORY: 1974, c. 453, § 46.1-514.13; 1978, c. 221; 1984, c. 673; 1989, c. 727;
1994, c. 849; 1995, c. 672; 1996, cc. 943, 994; 2001, cc. 645, 779.