Sec. 25-94. Driving while operator's etc., license suspended or revoked.
(a) In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of section 46.2-301.1 of the state code may, in the discretion of the court, be impounded or immobilized for an additional period of up to ninety (90) days upon conviction of an offender for driving while his driver's license, learner's permit, or privilege to drive a motor vehicle has been suspended or revoked for (i) a violation of sections 18.2-36.1, 18.2-51.4, 18.2-266 or 46.2-341.24 of the state code or a substantially similar ordinance of the city or (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person's license has been administratively suspended under the provisions of section 46.2-391.2 of the state code. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.
(b) Except as otherwise provided in sections 46.2-304 and 46.2-357 of the state code, no person, resident or nonresident (i) whose driver's license, learner's permit or privilege to drive a motor vehicle has been suspended or revoked or, (ii) who has been directed not to drive by any court or by the commissioner of the department of motor vehicles, or (iii) who has been forbidden, as prescribed by operation of any statute of the commonwealth or a substantially similar ordinance of the city, to operate a motor vehicle in the commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any street or highway in the city until the period of such suspension or revocation has terminated or the privilege has been reinstated. A clerk's notice of suspension of license for failure to pay fines or costs given in accordance with section 46.2-395 of the state code shall be sufficient notice for the purpose of maintaining a conviction under this section. For the purposes of this section the phrase "motor vehicle or any self-propelled machinery or equipment" shall not include mopeds.
(c) A violation of section (b) of this ordinance is a class 1 misdemeanor. A third or subsequent violation of section (b) of this ordinance or of section 46.2-301(B.) of the state code occurring within a ten (10)-year period shall include a mandatory minimum term of confinement in jail of ten (10) days. However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of section (b) of this ordinance or of section 46.2-301(B.) of the state code in a situation of apparent extreme emergency which requires such operation to save life or limb.
(d) Upon a violation of section (b) of this ordinance, the court shall suspend the person's license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked.
In the event such person has violated this section by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend such person's license, permit or privilege to drive for an additional period not to exceed ninety (90) days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired.
(e) Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of section 18.2-271.1 of the state code is not guilty of a violation of this section of the city code but is guilty of a violation of section 18.2-272 of the state code. (Code 1959, § 20-62; Ord. No. O-89-229, § 1, 9-12-89; Ord. No. O-91-206, 9-10-91; Ord. No. O-92-201, 6-23-92, eff. 7-1-92; Ord. No. O-07-038, 3-13-07)
Last updated date: 3/27/2007 10:17:56 AM