SELECTED VIRGINIA STATUTES RELATED TO
THE LICENSING OF JUVENILES AND DRIVING OFFENSE
§ 46.2-323
Application for driver's license; proof of completion of driver education program; penalty
A. Every application for a driver's license, temporary driver's permit, learner's permit, or motorcycle learner's permit shall be made on a form prescribed by the Department and the applicant shall write his usual signature in ink in the space provided on the form. The form shall include notice to the applicant of the duty to register with the Department of State Police as provided in §19.2-298.1, if the applicant has been convicted of a felony in violation of §§18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or §18.2-370.1 or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in §18.2-67.10, subsection B of §18.2-361 or subsection B of §18.2-366, including juveniles tried and convicted in the circuit courts pursuant to §16.1-269.1 whether sentenced as adults or juveniles, or a felony under a substantially similar law of the United States or any other state.
B. Every application shall state the name, year, month and date of birth, social security number, sex, and residence address of the applicant; whether or not the applicant has previously been licensed as a driver and, if so, when and by what state, and whether or not his license has ever been suspended or revoked and, if so, the date of and reason for such suspension or revocation. The Department, as a condition for the issuance of any driver's license, temporary driver's permit, learner's permit, or motorcycle learner's permit may require the surrender of any driver's license or, in the case of a motorcycle learner's permit, a motorcycle license issued by another state and held by the applicant. The applicant shall also answer any questions on the application form or otherwise propounded by the Department incidental to the examination. The applicant may also be required to present to the person conducting the examination a birth certificate or other evidence, reasonably acceptable to the Department, of his name and date of birth.
The applicant shall also certify that he is a resident of the Commonwealth by signing a certification statement, on a form prescribed by the Commissioner, and by providing satisfactory proof that he is a resident of the Commonwealth. The Commissioner may adopt regulations to determine the process by which applicants prove that they are residents of the Commonwealth.
If the applicant either (i) fails or refuses to sign the certification statement or (ii) fails to follow the process determined by the Commissioner for proving residency, the Department shall not issue the applicant a driver's license, temporary driver's permit, learner's permit or motorcycle learner's permit.
Any applicant who knowingly makes a false certification of Virginia residency or supplies false or fictitious evidence of Virginia residency shall be punished as provided in §46.2-348.
The Commissioner may, on a case-by-case basis, waive any provision of such regulations for good cause shown.
C. Every application for a driver's license shall include a color photograph of the applicant supplied under arrangements made by the Department. The photograph shall be processed by the Department so that the photograph can be made part of the issued license.
D. Notwithstanding the provisions of §46.2-334, every unlicensed applicant for a driver's license who is under nineteen years of age shall furnish the Department with satisfactory proof of his successful completion of a driver education program approved by the Virginia Department of Education.
§ 46.2-325
Examination of applicants; waiver of Department's examination under certain circumstances
The Department shall examine every applicant for a driver's license before issuing any license to determine (i) his physical and mental qualifications and his ability to drive a motor vehicle without jeopardizing the safety of persons or property and (ii) if any facts exist which would bar the issuance of a license under §§46.2-311 through 46.2-316, 46.2-334 or §46.2-335. The examination, however, shall not include investigation of any facts other than those directly pertaining to the ability of the applicant to drive a motor vehicle with safety, or other than those facts declared to be prerequisite to the issuance of a license under this chapter. No applicant otherwise competent shall be required to demonstrate ability to park any motor vehicle except in an adequate parking space between horizontal markers, and not between flags or sticks simulating parked vehicles. Applicants for licensure to drive motor vehicles of the classifications referred to in §46.2-328 shall submit to examinations which relate to the operation of those vehicles.
Except for applicants subject to §46.2-312, if the Commissioner is satisfied that an applicant has demonstrated the same proficiency as required by the Department's examination through successful completion of either (i) the driver education course approved by the Department of Education or (ii) a driver training course offered by a commercial driver training school licensed under Chapter 17 (§46.2-1700 et seq.) of this title, he may waive those parts of the Department's examination provided for in this section that require the applicant to drive and park a motor vehicle.
§ 46.2-334
Conditions and requirements for licensure of persons under eighteen; requests for cancellation of minor's driver's license; temporary driver's licenses; Board of Education approved programs; fee
A. Minors at least sixteen years old may be issued drivers' licenses under the following conditions:
1. The minor shall submit a proper application and satisfactory evidence that he (i) is a resident of the Commonwealth; (ii) has successfully completed a driver education course approved by either the Virginia Department of Education or, in the case of a course offered by a commercial driver training school licensed under Chapter 17 (§46.2-1700 et seq.) of this title, by the Department of Motor Vehicles; and (iii) is mentally, physically, and otherwise qualified to drive a motor vehicle safely.
2. The minor's application for a driver's license must be signed by a parent of the applicant, otherwise by the guardian having custody of him. However, in the event a minor has no parent or guardian, then a driver's license shall not be issued to him unless his application is signed by the judge of the juvenile and domestic relations district court of the city or county in which he resides. If the minor making the application is married or otherwise emancipated, in lieu of any parent's, guardian's or judge's signature, the minor may present proper evidence of the solemnization of the marriage or the order of emancipation.
3. The minor shall be required to state in his application whether or not he has been convicted of an offense triable by, or tried in, a juvenile and domestic relations district court or found by such court to be a child in need of supervision, as defined in §16.1-228. If it appears that the minor has been adjudged not innocent of the offense alleged or has been found to be a child in need of supervision, the Department shall not issue a license without the written approval of the judge of the juvenile and domestic relations district court making an adjudication as to the minor or the like approval of a similar court of the county or city in which the parent or guardian, respectively, of the minor resides.
4. The application for a permanent driver's license by a minor of the age of persons required to attend school pursuant to §22.1-254 shall be accompanied by evidence of compliance with the compulsory school attendance law set forth in Article 1 (§22.1-254 et seq.) of Chapter 14 of Title 22.1. This evidence shall be provided on a form furnished by the Board of Education and certified by the division superintendent or any of his designees. For minors attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor. If the minor is unable to provide such evidence, he shall not be granted a driver's license until he reaches the age of eighteen or presents proper evidence of solemnization of his marriage or an order of emancipation or the parent, as defined in §22.1-1, or other person standing in loco parentis, has provided written authorization for the minor to obtain a driver's license.
A minor may, however, present a high school diploma or its equivalent or a certificate indicating completion of a prescribed course of study as defined by the local school board pursuant to §22.1-253.13:4 as evidence of compulsory school attendance compliance.
5. The minor applicant shall certify in writing, on a form prescribed by the Commissioner, that he is a resident of the Commonwealth. The applicant's parent or guardian shall also certify that the applicant is a resident by signing the certification. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the parent's certification of residence.
B. Any parent or guardian of an unmarried or unemancipated minor may, after the issuance of a permanent driver's license to such minor, file with the Department a written request that the license of the minor be canceled. When such request is filed, the Department shall cancel the license of the minor and the license shall not thereafter be reissued by the Department until a period of six months has elapsed from the date of cancellation or the minor reaches his eighteenth birthday, whichever shall occur sooner.
C. The provisions of subsection A of this section requiring that an application for a driver's license be signed by the parent or guardian shall be waived by the Commissioner if the application is accompanied by proper evidence of the solemnization of the minor's marriage or a certified copy of a court order, issued under the provisions of Article 15 (§16.1-331 et seq.) of Chapter 11 of Title 16.1, declaring the applicant to be an emancipated minor.
D. A learner's permit accompanied by documentation verifying the minor's successful completion of an approved driver education course shall constitute a temporary driver's license for purposes of driving unaccompanied by a licensed driver as required in §46.2-335, if all other requirements of this chapter have been met. The temporary license shall only be valid until the permanent license is presented as provided in §46.2-336.
E. Notwithstanding the provisions of subsection A of this section requiring the successful completion of a driver education course approved by the Virginia Department of Education, the Commissioner, on application therefore by a person at least sixteen years of age but less than eighteen years of age, shall issue to the applicant a temporary driver's license valid for six months if he (i) certifies by signing, together with his parent or guardian, on a form prescribed by the Commissioner that he is a resident of the Commonwealth; (ii) is the holder of a valid driver's license from another state; and (iii) has not been found guilty of or otherwise responsible for an offense involving the operation of a motor vehicle. No temporary license issued under this subsection shall be renewed, nor shall any second or subsequent temporary license under this subsection be issued to the same applicant. Any such minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to obtain the signature of his parent or guardian for the temporary driver's license.
F. For persons qualifying for a driver's license through driver education courses approved by the Department of Education or courses offered by commercial driver training schools licensed by the Department, the application for the learner's permit shall be used as the application for the driver's license pursuant to §46.2-335.
G. Driver's licenses shall be issued by the Department to minors successfully completing driver education courses approved by the Department of Education when the Department receives from the school proper certification that the student (i) has successfully completed such course, including a road skills examination; (ii) is regularly attending school and is in good academic standing or, if not in such standing, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a driver's license; and (iii) upon payment of a fee of $2.40 per year, based on the period of the license's validity. For applicants attending public schools, good academic standing may be certified by the public school principal or any of his designees. For applicants attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a driver's license.
§ 46.2-334.01
Licenses issued to persons less than eighteen years old subject to certain restrictions
Any learner's permit or driver's license issued on or after July 1, 1998, to any person less than eighteen years old shall be subject to the following:
1. Notwithstanding the provisions of §46.2-498, whenever the driving record of a person less than eighteen years old shows that he has been convicted of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of Chapter 10 of this title:
a. The Commissioner shall direct such person to attend a driver improvement clinic. No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court-assigned clinic attendance.
b. No motor vehicle, while being operated by any person holding a learner's permit or driver's license subject to the restrictions contained in this section, shall transport more than three passengers, in addition to the driver, who are less than eighteen years old. This limitation, however, shall not apply to (i) members of the driver's family or household or (ii) a driver less than eighteen years old who is driving to or from either school or his place of employment. No citation for a violation of this subdivision shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute. For the purpose of this subdivision, "members of the driver's family or household" means (i) the driver's spouse, whether or not he or she resides in the same home with the driver; (ii) the driver's former spouse, whether or not he or she resides in the same home with the driver; (iii) the driver's children, stepchildren, brothers, sisters, half brothers, and half sisters, whether or not they reside in the same home with the driver; (iv) the driver's brothers-in-law and sisters-in-law who reside in the same home with the driver; (v) any individual who has a child in common with the driver, whether or not the driver and that individual have been married or have resided together at any time; or (vi) any individual who cohabits or who, within the previous twelve months, cohabited with the driver, and any children of either of them residing in the same home with the driver.
2. If any person less than eighteen years old is convicted a second time of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of Chapter 10 of this title, the Commissioner shall suspend such person's driver's license or privilege to operate a motor vehicle for ninety days. Such suspension shall be consecutive to, and not concurrent with, any other period of license suspension, revocation or denial.
3. If any such person is convicted a third time of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of Chapter 10 of this title, the Commissioner shall revoke such person's driver's license or privilege to operate a motor vehicle for one year or until such person reaches the age of eighteen years, whichever is longer. Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, revocation or denial.
4. In no event shall a driver who is under the age of eighteen and subject to the provisions of this section, be subject to the suspension or revocation provisions of subdivision 2 or 3 of this section for multiple convictions arising out of the same transaction or occurrence.
§ 46.2-334.1
Knowledge test; waiting period prior to reexamination
Any person under the age of eighteen who applies for a driver's license under § 46.2-334 and fails the motor vehicle knowledge test administered pursuant to that section shall not be eligible for retesting for at least fifteen days.
§ 46.2-335
Learner's permits; fee
A. The Department, on receiving from any Virginia resident over the age of fifteen years, an application for a learner's permit or motorcycle learner's permit may, subject to the applicant's satisfactory documentation of meeting the requirements of this chapter and successful completion of the written or automated knowledge and vision examinations and, in the case of a motorcycle learner's permit applicant, the automated motorcycle test, issue a permit entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle or, if the application is made for a motorcycle learner's permit, a motorcycle, on the highways, when accompanied by any licensed driver twenty-one years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister eighteen years of age or older. The accompanying person shall be (i) actually occupying a seat beside the driver or, for motorcycle instruction, providing immediate supervision from a separate accompanying motorcycle, and (ii) lawfully permitted to operate the motor vehicle or accompanying motorcycle at that time.
The Department shall not, however, issue a learner's permit or motorcycle learner's permit to any minor applicant required to provide evidence of compliance with the compulsory school attendance law set forth in Article 1 (§22.1-254 et seq.) of Chapter 14 of Title 22.1, unless such applicant is in good academic standing or, if not in such standing, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a learner's permit or motorcycle learner's permit. For applicants attending public schools, good academic standing may be certified by the public school principal or any of his designees. For applicants attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a learner's permit or motorcycle learner's permit.
Such permit, except a motorcycle learner's permit, shall be valid until the holder thereof either is issued a driver's license as provided for in this chapter or no longer meets the qualifications for issuance of a learner's permit as provided in this section. Motorcycle learner's permits shall be valid for twelve months. When a motorcycle learner's permit expires, the permittee may, upon submission of an application, payment of the application fee, and successful completion of the examinations, be issued another motorcycle learner's permit valid for twelve months.
B. The provisions of §§46.2-323 and 46.2-334 relating to evidence and certification of Virginia residence and, in the case of persons of school age, compliance with the compulsory school attendance law shall apply, mutatis mutandis, to applications for learner's permits and motorcycle learner's permits issued under this section.
C. For persons qualifying for a driver's license through driver education courses approved by the Department of Education or courses offered by commercial driver training schools licensed by the Department, the application for the learner's permit shall be used as the application for the driver's license.
D. The Department shall charge a fee of three dollars for each learner's permit and motorcycle learner's permit issued under this section. Fees for issuance of learner's permits shall be paid into the driver education fund of the state treasury; fees for issuance of motorcycle learner's permits shall be paid into the state treasury and credited to the Motorcycle Rider Safety Training Program Fund created pursuant to §46.2-1191. It shall be unlawful for any person, after having received a learner's permit, to drive a motor vehicle without being accompanied by a licensed driver as provided in the foregoing provisions of this section; however, a learner's permit other than a motorcycle learner's permit, accompanied by documentation verifying that the driver is at least sixteen years of age and has successfully completed an approved driver's education course, shall constitute a temporary driver's license for the purpose of driving unaccompanied by a licensed driver eighteen years of age or older, if all other requirements of this chapter have been met. Such temporary driver's license shall only be valid until the driver has received his permanent license pursuant to §46.2-336.
E. Nothing in this section shall be construed to permit the issuance of a learner's permit entitling a person to drive a commercial motor vehicle, except as provided by the Virginia Commercial Driver's License Act (§46.2-341.1 et seq.).
F. The following limitations shall apply to operation of motorcycles by persons holding motorcycle learner's permits:
1. Operation shall be limited to the period between one-half hour after sunrise and one-half hour before sunset.
2. Operation on limited access highways is prohibited.
3. The operator shall wear an approved safety helmet as provided in §46.2-910.
4. Operation shall be under the immediate supervision of a person licensed to operate a motorcycle who is twenty-one years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister eighteen years of age or older.
5. No person other than the operator shall occupy the motorcycle.
G. Any violation of this section shall be punishable as a Class 2 misdemeanor.
46.2-335.1
Knowledge test; waiting period prior to reexamination
Any person under the age of eighteen who applies for a learner's permit under § 46.2-335 and fails the motor vehicle knowledge test administered pursuant to that section shall not be eligible for retesting for at least fifteen days.
§ 46.2-335.2
Learner's permits; required before driver's license; minimum holding period
A. Effective July 1, 1996, no person under the age of eighteen years shall be eligible to receive a driver's license pursuant to §46.2-334 unless the Department has previously issued such person a learner's permit pursuant to § 46.2-335 and such person has satisfied the minimum holding period requirements set forth in subsection B, or unless such person is the holder of a valid driver's license from another state and qualifies for a temporary license under subdivision 3 of §46.2-334. However, persons under the age of eighteen years to whom the Department has issued a learner's permit prior to July 1, 1996, shall not be subject to the minimum holding period requirements set forth in subsection B before obtaining a driver's license pursuant to §46.2-334.
B. Effective July 1, 1996, any person under the age of eighteen years issued a learner's permit pursuant to § 46.2-335 shall hold such permit for a minimum period of six months or until he reaches the age of eighteen years, whichever occurs first.
§ 46.2-336
Manner of issuing original driver's licenses to minors
The Department shall forward all original driver's licenses issued to applicants under the age of eighteen years to the judge of the juvenile and domestic relations court in the city or county in which the licensee resides. The judge or a substitute judge shall issue to each person to be licensed the license so forwarded, and shall, at the time of issuance, conduct a formal, appropriate ceremony, in which he shall illustrate to the licensee the responsibility attendant on the privilege of driving a motor vehicle. If the licensee was under the age of eighteen years at the time his application was made, he shall be accompanied at the ceremony by a parent, his guardian, spouse, or other person in loco parentis. However, the judge, for good cause shown, may mail or otherwise deliver the driver's license to any person who is a student at any educational institution outside of the Commonwealth of Virginia at the time such license is received by the judge as prescribed in this section.
The provisions of this section shall not apply to the issuance of Virginia driver's licenses to persons who hold valid driver's licenses issued by other states.
§ 46.2-1702
Certification of driver education courses by Commissioner
The Commissioner shall have the authority to approve as a driver education course satisfying the requirements of §46.2-334 any course which is offered by any commercial driver training school licensed under the provisions of this chapter if he finds that the course is of comparable content and quality to that offered in the Commonwealth's public schools. In making such finding, the Commissioner shall not require that the instructors of any commercial driver training school meet the certification requirements of teachers in the Commonwealth's public schools. The Commissioner may accept twenty years' service with the Virginia Department of State Police by a person who retired or resigned while in good standing from such Department in lieu of requirements established by the Department of Education for instructor qualification.
§22.1-205
Driver education programs
A. The Board of Education shall establish for the public school system a standardized program of driver education in the safe operation of motor vehicles. Such program shall consist of classroom training and behind the wheel driver training. However, any student who participates in such a program of driver education shall meet the academic requirements established by the Board, and no student in a course shall be permitted to operate a motor vehicle without a license or permit to do so issued by the Department of Motor Vehicles. The program shall include instruction concerning (i) alcohol and drug abuse and (ii) aggressive driving. Such instruction shall be developed by the Department in cooperation with the Virginia Alcohol Safety Action Program and the Department of Mental Health, Mental Retardation and Substance Abuse Services.
B. The Board shall assist school divisions by preparation, publication and distribution of competent driver education instructional materials to ensure a more complete understanding of the responsibilities and duties of motor vehicle operators.
C. Each school board shall determine whether to offer the program of driver education in the safe operation of motor vehicles and, if offered, whether such program shall be an elective or a required course. Only school divisions complying with the standardized program and regulations established by the Board of Education and the provisions of §46.2-335 shall be entitled to participate in the distribution of state funds appropriated for driver education.
D. The actual initial driving instruction shall be conducted, with motor vehicles equipped as may be required by regulation of the Board of Education, on private or public property removed from public highways if practicable; if impracticable, then, at the request of the school board, the Commonwealth Transportation Board shall designate a suitable section of road near the school to be used for such instruction. Such section of road shall be marked with signs, which the Commonwealth Transportation Board shall supply, giving notice of its use for driving instruction. Such signs shall be removed at the close of the instruction period. No vehicle other than those used for driver training shall be operated between such signs at a speed in excess of twenty-five miles per hour. Violation of this limit shall be a Class 4 misdemeanor.
E. The Board of Education may, in its discretion, promulgate regulations for the use and certification of paraprofessionals as teaching assistants in the driver education programs of school divisions.
§ 16.1-334
Effects of order
An order that a minor is emancipated shall have the following effects:
1. The minor may consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability;
2. The minor may enter into a binding contract or execute a will;
3. The minor may sue and be sued in his own name;
4. The minor shall be entitled to his own earnings and shall be free of control by his parents or guardian;
5. The minor may establish his own residence;
6. The minor may buy and sell real property;
7. The minor may not thereafter be the subject of a petition under this chapter as abused, neglected, abandoned, in need of services, in need of supervision, or in violation of a juvenile curfew ordinance enacted by a local governing body;
8. The minor may enroll in any school or college, without parental consent;
9. The minor may secure a driver's license under §46.2-334 or §46.2-335 without parental consent;
10. The parents of the minor shall no longer be the guardians of the minor;
11. The parents of a minor shall be relieved of any obligations respecting his school attendance under Article 1 (§22.1-254 et seq.) of Chapter 14 of Title 22.1;
12. The parents shall be relieved of all obligation to support the minor;
13. The minor shall be emancipated for the purposes of parental liability for his acts;
14. The minor may execute releases in his own name;
15. The minor may not have a guardian ad litem appointed for him pursuant to any statute solely because he is under age eighteen; and
16. The minor may marry without parental, judicial, or other consent.
The acts done when such order is or is purported to be in effect shall be valid notwithstanding any subsequent action terminating such order or a judicial determination that the order was void ab initio.
§ 16.1-334.1
Identification card issued to minor by DMV
When entering an emancipation order under §16.1-333, the court shall issue to the emancipated minor a copy of the order. Upon application to the Department of Motor Vehicles and submission of the copy, the Department shall issue to the minor an identification card containing the minor's photograph, a statement that such minor is emancipated, and a listing of all effects of the emancipation order as set forth in § 16.1-334.
§16.1-228
Definitions
When used in this chapter, unless the context otherwise requires:
"Abused or neglected child" means any child:
1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions;
2. Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child;
3. Whose parents or other person responsible for his care abandons such child;
4. Whose parents or other person responsible for his care commits or allows to be committed any sexual act upon a child in violation of the law; or
5. Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian or other person standing in loco parentis.
"Adoptive home" means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.
"Adult" means a person eighteen years of age or older.
"Ancillary crime" or "ancillary charge" means any delinquent act committed by a juvenile as a part of the same act or transaction as, or which constitutes a part of a common scheme or plan with, a delinquent act which would be a felony if committed by an adult.
"Boot camp" means a short term secure or nonsecure juvenile residential facility with highly structured components including, but not limited to, military style drill and ceremony, physical labor, education and rigid discipline, and no less than six months of intensive aftercare.
"Child," "juvenile" or "minor" means a person less than eighteen years of age.
"Child welfare agency" means a child-placing agency, child-caring institution or independent foster home as defined in §63.1-195.
"Child in need of services" means a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone.
However, to find that a child falls within these provisions, (i) the conduct complained of must present a clear and substantial danger to the child's life or health or (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child in need of supervision" means:
1. A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child's particular educational needs, and (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child's regular attendance without success; or
2. A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or habitually deserts or abandons his family or lawful custodian or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child's life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"The court" or the "juvenile court" or the "juvenile and domestic relations court" means the juvenile and domestic relations district court of each county or city.
"Delinquent act" means (i) an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law, (ii) a violation of §18.2-308.7 or (iii) a violation of a court order as provided for in §16.1-292, but shall not include an act other than a violation of § 18.2-308.7, which is otherwise lawful, but is designated a crime only if committed by a child. For purposes of §§16.1-241 and 16.1-278.9, the term shall include a refusal to take a blood or breath test in violation of §18.2-268.2 or a similar ordinance of any county, city or town.
"Delinquent child" means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his eighteenth birthday, except where the jurisdiction of the juvenile court has been terminated under the provisions of §16.1-269.6.
"Department" means the Department of Juvenile Justice and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law.
"Family abuse" means any act of violence, including any forceful detention, which results in physical injury or places one in reasonable apprehension of serious bodily injury and which is committed by a person against such person's family or household member.
"Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, grandparents and grandchildren who reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous twelve months, cohabited with the person, and any children of either of them then residing in the same home with the person.
"Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in §63.1-248.2 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, or (iv) has been placed under the supervisory responsibility of the local board pursuant to §16.1-293.
"Intake officer" means a juvenile probation officer appointed as such pursuant to the authority of this chapter.
"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in §53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.
"The judge" means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.
"This law" or "the law" means the Juvenile and Domestic Relations District Court Law embraced in this chapter.
"Legal custody" means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in §20-107.2.
"Permanent foster care placement" means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§ 63.1-56 and 63.1-206.1 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to §16.1-251 or §63.1-248.9. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child's needs on a long-term basis.
"Secure facility" or "detention home" means a local, regional or state public or private locked residential facility which has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody.
"Shelter care" means the temporary care of children in physically unrestricting facilities.
"State Board" means the State Board of Juvenile Justice.
"Status offender" means a child who commits an act prohibited by law which would not be criminal if committed by an adult.
"Status offense" means an act prohibited by law which would not be an offense if committed by an adult.
"Residual parental rights and responsibilities" means all rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including but not limited to the right of visitation, consent to adoption, the right to determine religious affiliation and the responsibility for support.
"Violent juvenile felony" means any of the delinquent acts enumerated in subsection B or C of §16.1-269.1 when committed by a juvenile fourteen years of age or older.
§ 16.1-278.8
Delinquent juveniles
If a juvenile is found to be delinquent, except where such finding involves a refusal to take a blood or breath test in violation of §18.2-268.2 or a similar ordinance, the juvenile court or the circuit court may make any of the following orders of disposition for his supervision, care and rehabilitation:
1. Enter an order pursuant to the provisions of § 16.1-278;
2. Permit the juvenile to remain with his parent, subject to such conditions and limitations as the court may order with respect to the juvenile and his parent;
3. Order the parent of a juvenile living with him to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile and his parent;
4. Defer disposition for a period of time not to exceed twelve months, after which time the charge may be dismissed by the judge if the juvenile exhibits good behavior during the period for which disposition is deferred;
4a. Defer disposition and place the juvenile in the temporary custody of the Department to attend a boot camp established pursuant to §66-13 provided bed space is available for confinement and the juvenile (i) is otherwise eligible for commitment to the Department, (ii) has not previously been and is not currently being adjudicated delinquent or found guilty of a violent juvenile felony, (iii) has not previously attended a boot camp, (iv) has not previously been committed to and received by the Department and (v) has had an assessment completed by the Department or its contractor concerning the appropriateness of the candidate for a boot camp. Upon the juvenile's withdrawal, removal or refusal to comply with the terms and conditions of participation in the program, he shall be brought before the court for a hearing at which the court may impose any other disposition as authorized by this section which could have been imposed at the time the juvenile was placed in the custody of the Department;
5. Without entering a judgment of guilty and with the consent of the juvenile and his attorney, defer disposition of the delinquency charge for a period not to exceed twelve months and place the juvenile on probation under such conditions and limitations as the court may prescribe. Upon fulfillment of the terms and conditions, the court shall discharge the juvenile and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without adjudication of guilt;
6. Order the parent of a juvenile with whom the juvenile does not reside to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile where the court determines this participation to be in the best interest of the juvenile and other parties concerned and where the court determines it reasonable to expect the parent to be able to comply with such order;
7. Place the juvenile on probation under such conditions and limitations as the court may prescribe;
8. Impose a fine not to exceed $500 upon such juvenile;
9. Suspend the motor vehicle and driver's license of such juvenile or impose a curfew on the juvenile as to the hours during which he may operate a motor vehicle. Any juvenile whose driver's license is suspended may be referred for an assessment and subsequent referral to appropriate services, upon such terms and conditions as the court may order. The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any juvenile who enters such program for any of the purposes set forth in subsection E of §18.2-271.1 or for travel to and from school. The restricted permit shall be issued in accordance with the provisions of such subsection. However, only an abstract of the court order which identifies the juvenile and the conditions under which the restricted license is to be issued shall be sent to the Department of Motor Vehicles.
If a curfew is imposed, the juvenile shall surrender his driver's license, which shall be held in the physical custody of the court during any period of curfew restriction. The court shall send an abstract of any order issued under the provisions of this section to the Department of Motor Vehicles, which shall preserve a record thereof. Notwithstanding the provisions of Article 12 (§16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. A copy of the court order, upon which shall be noted all curfew restrictions, shall be provided to the juvenile and shall contain such information regarding the juvenile as is reasonably necessary to identify him. The juvenile may operate a motor vehicle under the court order in accordance with its terms.
Any juvenile who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of §46.2-301.
The Department of Motor Vehicles shall refuse to issue a driver's license to any juvenile denied a driver's license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order imposing the curfew;
10. Require the juvenile to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the juvenile was found to be delinquent;
11. Require the juvenile to participate in a public service project under such conditions as the court prescribes;
12. In case of traffic violations, impose only those penalties which are authorized to be imposed on adults for such violations. However, for those violations punishable by confinement if committed by an adult, confinement shall be imposed only as authorized by this title;
13. Transfer legal custody to any of the following:
a. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the juvenile;
b. A child welfare agency, private organization or facility which is licensed or otherwise authorized by law to receive and provide care for such juvenile. The court shall not transfer legal custody of a delinquent juvenile to an agency, organization or facility outside of the Commonwealth without the approval of the Director; or
c. The local board of public welfare or social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the juvenile has residence if other than the county or city in which the court has jurisdiction. The board shall accept the juvenile for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, such local board may be required to temporarily accept a juvenile for a period not to exceed fourteen days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this subdivision shall prohibit the commitment of a juvenile to any local board of public welfare or social services in the Commonwealth when such local board consents to the commitment. The board to which the juvenile is committed shall have the final authority to determine the appropriate placement for the juvenile. Any order authorizing removal from the home and transferring legal custody of a juvenile to a local board of public welfare or social services as provided in this subdivision shall be entered only upon a finding by the court that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the juvenile, and the order shall so state;
14. Commit the juvenile to the Department of Juvenile Justice, but only if he is older than ten years of age and the current offense is (i) an offense which would be a felony if committed by an adult or (ii) an offense which would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been found to be delinquent based on an offense which would be either a felony or Class 1 misdemeanor if committed by an adult;
15. Impose the penalty authorized by § 16.1-284;
16. Impose the penalty authorized by § 16.1-284.1;
17. Impose the penalty authorized by § 16.1-285.1; or
18. Impose the penalty authorized by §16.1-278.9.
§ 16.1-278.9
Delinquent children; loss of driving privileges for alcohol, firearm and drug offenses
A. If a court has found facts which would justify a finding that a child at least thirteen years of age at the time of the offense is delinquent and such finding involves (i) a violation of §18.2-266 or of a similar ordinance of any county, city or town, (ii) a refusal to take a blood or breath test in violation of §18.2-268.2, (iii) a felony violation of §§18.2-248, 18.2-248.1 or §18.2-250, (iv) a misdemeanor violation of §§18.2-248, 18.2-248.1, or §18.2-250 or a violation of §18.2-250.1, (v) the unlawful purchase or possession of alcohol in violation of §4.1-305 or the unlawful drinking or possession of alcoholic beverages in or on public school grounds in violation of §4.1-309, (vi) public intoxication in violation of §18.2-388 or a similar ordinance of a county, city or town, or (vii) the unlawful use or possession of a handgun or possession of a "streetsweeper" as defined below, the court shall order that the child be denied a driver's license. In addition to any other penalty authorized by this section, if the offense involves a violation designated under clause (i) and the child was transporting a person seventeen years of age or younger, the court shall impose the additional fine and order community service as provided in § 18.2-270. If the offense involves a violation designated under clause (i), (ii), or (iii), the denial of a driver's license shall be for a period of one year or until the juvenile reaches the age of seventeen, whichever is longer, for a first such offense or for a period of one year or until the juvenile reaches the age of eighteen, whichever is longer, for a second or subsequent such offense. If the offense involves a violation designated under clause (iv), (v), or (vi) the denial of driving privileges shall be for a period of six months unless the offense is committed by a child under the age of sixteen, in which case the child's ability to apply for a driver's license shall be delayed for a period of six months following his sixteenth birthday. If the offense involves a violation designated under clause (i), (ii), (v), or (vi), the court shall impose the license sanction without entering a judgment of guilt and shall defer disposition of the delinquency charge until such time as the court disposes of the case pursuant to subsection F of this section. If the offense involves a violation designated under clause (iii) or (iv), the court shall impose the license sanction and shall dispose of the delinquency charge pursuant to the provisions of this chapter or §18.2-251. If the offense involves a violation designated under clause (vii), the denial of driving privileges shall be for a period of not less than thirty days, except when the offense involves possession of a concealed handgun or a striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells, in which case the denial of driving privileges shall be for a period of two years unless the offense is committed by a child under the age of sixteen, in which event the child's ability to apply for a driver's license shall be delayed for a period of two years following his sixteenth birthday.
B. Any child who has a driver's license at the time of the offense shall be ordered to surrender his driver's license, which shall be held in the physical custody of the court during any period of license denial.
C. The court shall report any order issued under this section to the Department of Motor Vehicles, which shall preserve a record thereof. The report and the record shall include a statement as to whether the child was represented by or waived counsel. Notwithstanding the provisions of Article 12 (§16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. No other record of the proceeding shall be forwarded to the Department of Motor Vehicles unless the proceeding results in an adjudication of guilt pursuant to subsection F.
The Department of Motor Vehicles shall refuse to issue a driver's license to any child denied a driver's license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order of denial under subsection E.
D. If the finding as to the child involves a violation designated under clause (i), (ii), (iii), or (vi) of subsection A, the child may be referred to a certified alcohol safety action program in accordance with §18.2-271.1 upon such terms and conditions as the court may set forth. If the finding as to such child involves a violation designated under clause (iii), (iv), (v) or (vii) of subsection A, such child may be referred to appropriate rehabilitative or educational services upon such terms and conditions as the court may set forth. The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any child who has a driver's license at the time of the offense for any of the purposes set forth in subsection E of §18.2-271.1 or for travel to and from school, except that no restricted license shall be issued if the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, or if it involves a second or subsequent violation of any offense designated in subsection A. The issuance of the restricted permit shall be set forth within the court order, a copy of which shall be provided to the child, and shall specifically enumerate the restrictions imposed and contain such information regarding the child as is reasonably necessary to identify him. The child may operate a motor vehicle under the court order in accordance with its terms. Any child who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of §46.2-301.
E. Upon petition made at least ninety days after issuance of the order, the court may review and withdraw any order of denial of a driver's license if for a first such offense. For a second or subsequent such offense, the order may not be reviewed and withdrawn until one year after its issuance.
F. If the finding as to such child involves a violation designated under clause (i), (ii), (v), (vi) or (vii) of subsection A, upon fulfillment of the terms and conditions prescribed by the court and after the child's driver's license has been restored, the court shall or, in the event the violation resulted in the injury or death of any person, may discharge the child and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without an adjudication of guilt but a record of the proceeding shall be retained for the purpose of applying this section in subsequent proceedings. Failure of the child to fulfill such terms and conditions shall result in an adjudication of guilt. If the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of pursuant to the provisions of this chapter or §18.2-251.
§ 4.1-305
Purchasing or possessing alcoholic beverages unlawful in certain cases; exceptions; penalty; forfeiture
A. No person to whom an alcoholic beverage may not lawfully be sold under §4.1-304 shall purchase or possess, or attempt to purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than twenty-one years of age is due to such person's making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer when possession of an alcoholic beverage is necessary in the performance of his duties.
B. No person under the age of twenty-one years shall use or attempt to use any (i) altered, fictitious, facsimile or simulated license to operate a motor vehicle, (ii) altered, fictitious, facsimile or simulated document, including, but not limited to a birth certificate or student identification card, or (iii) motor vehicle operator's license, birth certificate or student identification card of another person in order to establish a false identification or false age for himself to purchase or attempt to purchase an alcoholic beverage.
C. Any person found guilty of a violation of this section shall be guilty of a Class 1 misdemeanor; and upon conviction, (i) such person shall be ordered to pay a fine of at least $500 or ordered to perform a minimum of fifty hours of community service and (ii) such person's license to operate a motor vehicle in the Commonwealth may be suspended for a period of not more than one year. The court, in its discretion and upon a demonstration of hardship, may authorize any person convicted of a violation of this section the use of a restricted permit to operate a motor vehicle in accordance with the provisions of subsection D of §16.1-278.9 or subsection E of §18.2-271.1. However, the sentence imposed pursuant to clause (i) of this subsection shall not be suspended.
D. Any alcoholic beverage purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with §4.1-38.
E. Any retail licensee who in good faith promptly notifies the Board or any state or local law-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty for a violation of §4.1-304.
§ 18.2-266
Driving motor vehicle, engine, etc., while intoxicated, etc.
It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii) or (iv).
For the purposes of this section, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.
§ 18.2-266.1
Persons under age twenty-one driving after illegally consuming alcohol; penalty
A. It shall be unlawful for any person under the age of twenty-one to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
B. A violation of this section shall be punishable by forfeiture of such person's license to operate a motor vehicle for a period of six months from the date of conviction and by a fine of not more than $500. The penalties and license forfeiture provisions set forth in §§16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of §18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.
C. Notwithstanding §§16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.
§ 18.2-268.2
Implied consent to post-arrest chemical test to determine drug or alcohol content of blood
A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in §46.2-100, in this Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of §18.2-266 or §18.2-266.1 or of a similar ordinance within two hours of the alleged offense.
B. Any person so arrested for a violation of §18.2-266 (i) or (ii) or both, or §18.2-266.1, or of a similar ordinance, shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.
C. A person, after having been arrested for a violation of § 18.2-266 (iii) or (iv) or §18.2-266.1, or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of §18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B of this section or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.
§ 18.2-270
Penalty for driving while intoxicated; subsequent offense; prior conviction
Any person violating any provision of §18.2-266 shall be guilty of a Class 1 misdemeanor.
Any person convicted of a second offense committed within less than five years after a first offense under §18.2-266 shall be punishable by a fine of not less than $200 nor more than $2,500 and by confinement in jail for not less than one month nor more than one year. Forty-eight hours of such confinement shall be a mandatory, minimum sentence not subject to suspension by the court. Any person convicted of a second offense committed within a period of five to ten years of a first offense under §18.2-266 shall be punishable by a fine of not less than $200 nor more than $2,500 and by confinement in jail for not less than one month nor more than one year. Any person convicted of a third offense or subsequent offense committed within ten years of an offense under §18.2-266 shall be punishable by a fine of not less than $500 nor more than $2,500 and by confinement in jail for not less than two months nor more than one year. Thirty days of such confinement shall be a mandatory, minimum sentence not subject to suspension by the court if the third or subsequent offense occurs within less than five years. Ten days of such confinement shall be a mandatory, minimum sentence not subject to suspension by the court if the third or subsequent offense occurs within a period of five to ten years of a first offense.
In addition to the penalty otherwise authorized by this section or §16.1-278.9, any person convicted of a violation of §18.2-266 committed while transporting a person seventeen years of age or younger shall be (i) fined an additional minimum of $100 and not more than $500 and (ii) sentenced to perform 40 hours of community service in a program benefitting children or, for a subsequent offense, 80 hours of community service in such a program.
For the purpose of this section a conviction or finding of guilty in the case of a juvenile under the following shall be considered a prior conviction: (i) the provisions of §18.2-51.4, §18.2-266, former §18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of §18.2-51.4, and §§18.2-266 through 18.2-269, or (ii) the provisions of subsection A of §46.2-341.24 or the substantially similar laws of any other state or of the United States.
§ 18.2-271
Forfeiture of driver's license for driving while intoxicated
A. Except as provided in §18.2-271.1, the judgment of conviction if for a first offense under §18.2-266 or for a similar offense under any county, city, or town ordinance, or for a first offense under subsection A of §46.2-341.24, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under §46.2-391.2.
B. If a person is (i) tried on a process alleging a second offense of violating §18.2-266 or subsection A of §46.2-341.24 within ten years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under §18.2-266 or subsection A of §46.2-341.24 or any valid county, city, or town ordinance or law of any other state or of the United States substantially similar to §18.2-266 or subsection A of §46.2-341.24 and (ii) is convicted thereof, such person's license to operate a motor vehicle, engine or train shall be revoked for a period of three years from the date of the judgment of conviction. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by §§18.2-268.1 through 18.2 268.12 or §§46.2-341.26:1 through 46.2-341.26:11.
C. If a person is tried on a process alleging a third or
subsequent offense of violating §18.2-266 or subsection A of
§46.2-341.24 within ten years of two other offenses for which
the person was convicted, or found guilty in the case of a
juvenile, under §18.2-266, subsection A of §46.2-341.24 or any
valid county, city or town ordinance or law of any other state or
of the United States substantially similar to §18.2-266 or
subsection A of §46.2-341.24, and is convicted thereof, such
person shall not be eligible for participation in a program
pursuant to §18.2-271.1 and shall have his license revoked as
provided in subsection B of §46.2-391. The court trying such
case shall order the surrender of the driver's license of the
person so convicted, to be disposed of in accordance with
§46.2-398, and shall notify such person that his license has
been revoked indefinitely.
D. Notwithstanding any other provision of this section,
the period of license revocation or suspension shall not begin to
expire until the person convicted has surrendered his license to
the court or to the Department of Motor Vehicles.
E. The provisions of this section shall not apply to,
and shall have no effect upon, any disqualification from
operating a commercial motor vehicle imposed under the provisions
of the Commercial Driver's License Act (§46.2-341.1 et seq.).
§
18.2-271.1
Probation,
education and rehabilitation of person charged or convicted;
person convicted under law of another state
A. Any person convicted of a first offense of §18.2-266
(i), (ii), (iii) or (iv), or any ordinance of a county, city, or
town similar to the provisions thereof, or provisions of
subsection A of §46.2-341.24, shall or upon conviction of a
second offense thereunder, may, be required by court order, as a
condition of probation or otherwise, to enter into and
successfully complete an alcohol safety action program in the
judicial district in which such charge is brought or in any other
judicial district upon such terms and conditions as the court may
set forth. However, upon motion of a person convicted of a first
offense following an assessment of the person conducted by an
alcohol safety action program, the court, for good cause may
decline to order participation in such a program. In no event
shall such persons be permitted to enter any such program which
is not certified as meeting minimum standards and criteria
established by the Commission on the Virginia Alcohol Safety
Action Program (VASAP) pursuant to subsection H of this section
and to §18.2-271.2. In the determination of the eligibility of
such person convicted of a second offense to enter such a
program, the court shall consider his prior record of
participation in any other alcohol rehabilitation program. If
such person has never entered into an alcohol safety action
program, in keeping with the procedures provided for in this
section, and upon motion of the accused or his counsel, the court
shall give mature consideration to the needs of such person in
determining whether he shall be allowed to enter such program.
B. The court shall require the person entering such
program under the provisions of this section to pay a fee of no
less than $250 but no more than $300. A reasonable portion of
such fee, as may be determined by the Commission on VASAP, but
not to exceed ten percent, shall be forwarded monthly to be
deposited with the State Treasurer for expenditure by the
Commission on VASAP, and the balance shall be held in a separate
fund for local administration of driver alcohol rehabilitation
programs. Upon a positive finding that the defendant is indigent,
the court may reduce or waive the fee. In addition to the costs
of the proceeding, fees as may reasonably be required of
defendants referred for intervention under any such program may
be charged.
C. Upon conviction of a violation of §18.2-266 or any
ordinance of a county, city or town similar to the provisions
thereof, or subsection A of §46.2-341.24, the court shall impose
the sentence authorized by §18.2-270 or §46.2-341.28 and the
license revocation as authorized by §§ 18.2-270 and 18.2-271.
Upon a finding that a person so convicted is eligible for
participation in the program described herein, the court shall
enter the conviction on the warrant, and shall note that the
person so convicted has been referred to such program. The court
may then proceed to issue an order in accordance with subsection
E of this section, if the court finds that the person so
convicted is eligible for a restricted license. If the court
finds that a person is not eligible for such program or
subsequently that such person has violated, without good cause,
any of the conditions set forth by the court in entering the
program, the court shall dispose of the case as if no program had
been entered, in which event the revocation provisions of
§46.2-389 and subsection A of §46.2-391 shall be applicable to
the conviction. The court shall, upon final disposition of the
case, send a copy of its order to the Commissioner of the
Department of Motor Vehicles. If such order provides for the
issuance of a restricted license, the Commissioner of the
Department of Motor Vehicles, upon receipt thereof, shall issue a
restricted license. Appeals from any such disposition shall be
allowed as provided by law. The time within which an appeal may
be taken shall be calculated from the date of the final
disposition of the case or any motion for rehearing, whichever is
later.
D. Any person who has been convicted in another state of
the violation of a law of such state substantially similar to the
provisions of §18.2-266 or subsection A of §46.2-341.24, and
whose privilege to operate a motor vehicle in this Commonwealth
is subject to revocation under the provisions of §46.2-389 and
subsection A of §46.2-391, may petition the general district
court of the county or city in which he resides that he be given
probation and assigned to a program as provided in subsection A
of this section and that, upon entry into such program, he be
issued an order in accordance with subsection E of this section.
If the court finds that such person would have qualified
therefore if he had been convicted in this Commonwealth of a
violation of §18.2-266 or subsection A of §46.2-341.24, the
court may grant the petition and may issue an order in accordance
with subsection E of this section as to the period of license
suspension or revocation imposed pursuant to §46.2-389 or
subsection A of §46.2-391. Such order shall be conditioned upon
the successful completion of a program by the petitioner. If the
court subsequently finds that such person has violated any of the
conditions set forth by the court, the court shall dispose of the
case as if no program had been entered and shall notify the
Commissioner, who shall revoke the person's license in accordance
with the provisions of §46.2-389 or subsection A of §46.2-391.
A copy of the order granting the petition or subsequently
revoking or suspending such person's license to operate a motor
vehicle shall be forthwith sent to the Commissioner of the
Department of Motor Vehicles.
No period of license suspension or revocation shall be
imposed pursuant to this subsection which, when considered
together with any period of license suspension or revocation
previously imposed for the same offense in any state, results in
such person's license being suspended for a period in excess of
the maximum periods specified in this subsection.
E. Except as otherwise provided herein, whenever a
person enters a certified program pursuant to this section, and
such person's license to operate a motor vehicle, engine or train
in the Commonwealth has been suspended or revoked, the court may,
in its discretion and for good cause shown, provide that such
person be issued a restricted permit to operate a motor vehicle
for any or all of the following purposes: (i) travel to and from
his place of employment; (ii) travel to and from an alcohol
rehabilitation program entered pursuant to this subsection; (iii)
travel during the hours of such person's employment if the
operation of a motor vehicle is a necessary incident of such
employment; (iv) travel to and from school if such person is a
student, upon proper written verification to the court that such
person is enrolled in a continuing program of education; or (v)
such other medically necessary travel as the court deems
necessary and proper upon written verification of need by a
licensed health professional. 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's License Act (§46.2-341.1 et seq.). The court shall
order the surrender of such person's license to operate a motor
vehicle to be disposed of in accordance with the provisions of
§46.2-398 and shall forward to the Commissioner of the
Department of Motor Vehicles a copy of its order entered pursuant
to this subsection, which shall specifically enumerate the
restrictions imposed and contain such information regarding the
person to whom such a permit is issued as is reasonably necessary
to identify such person. The court shall also provide a copy of
its order to the person so convicted who may operate a motor
vehicle on the order until receipt from the Commissioner of the
Department of Motor Vehicles of a restricted license, if the
order provides for a restricted license for that time period. A
copy of such order and, after receipt thereof, the restricted
license shall be carried at all times while operating a motor
vehicle. Any person who operates a motor vehicle in violation of
any restrictions imposed pursuant to this section shall be guilty
of a violation of §18.2-272. Such restricted license shall be
conditioned upon enrollment within fifteen days in, and
successful completion of, a program as described in subsection A
of this section. No restricted license shall be issued during the
first four months of a revocation imposed pursuant to subsection
B of § 18.2-271 or subsection A of §46.2-391 for a second
offense of the type described therein committed within ten years
of a first such offense. No restricted license shall be issued
during any revocation period imposed pursuant to subsection C of
§ 18.2-271 or subsection B of §46.2-391. Notwithstanding the
provisions of §46.2-411, the fee charged pursuant to §46.2-411
for reinstatement of the driver's license of any person whose
privilege or license has been suspended or revoked as a result of
a violation of §18.2-266, subsection A of §46.2-341.24 or of
any ordinance of a county, city or town, or of any federal law or
the laws of any other state similar to the provisions of
§18.2-266 or subsection A of §46.2-341.24 shall be $105. Forty
dollars of such reinstatement fee shall be retained by the
Department of Motor Vehicles as provided in §46.2-411 , forty
dollars shall be transferred to the Commission on VASAP, and
twenty-five dollars shall be transferred to the Commonwealth
Neurotrauma Initiative Trust Fund.
F. The court shall have jurisdiction over any person
entering such program under any provision of this section until
such time as the case has been disposed of by either successful
completion of the program, or revocation due to ineligibility or
violation of a condition or conditions imposed by the court,
whichever shall first occur. Revocation proceedings shall be
commenced by notice to show cause why the court should not revoke
the privilege afforded by this section. Such notice shall
be made by first-class mail to the last known address of such
person, and shall direct such person to appear before the court
in response thereto on a date contained in such notice, which
shall not be less than ten days from the date of mailing of the
notice. Failure to appear in response to such notice shall of
itself be grounds for revocation of such privilege. Notice of
revocation under this subsection shall be sent forthwith to the
Commissioner of the Department of Motor Vehicles.
G. The State Treasurer, the Commission on VASAP or any
city or county is authorized to accept any gifts or bequests of
money or property, and any grant, loan, service, payment or
property from any source, including the federal government, for
the purpose of driver alcohol education. Any such gifts,
bequests, grants, loans or payments shall be deposited in the
separate fund provided in subsection B.
H. The Commission on VASAP, or any county, city, town,
or any combination thereof may establish and, if established,
shall operate, in accordance with the standards and criteria
required by this subsection, alcohol safety action programs in
connection with highway safety. Each such program shall operate
under the direction of a local independent policy board chosen in
accordance with procedures approved and promulgated by the
Commission on VASAP. Local sitting or retired district
court judges who regularly hear or heard cases involving driving
under the influence and are familiar with their local alcohol
safety action programs may serve on such boards. The Commission
on VASAP shall establish minimum standards and criteria for the
implementation and operation of such programs and shall establish
procedures to certify all such programs to ensure that they meet
the minimum standards and criteria stipulated by the Commission.
The Commission shall also establish criteria for the
administration of such programs for public information
activities, for accounting procedures, for the auditing
requirements of such programs and for the allocation of funds.
Funds paid to the Commonwealth hereunder shall be utilized in the
discretion of the Commission on VASAP to offset the costs of
state programs and local programs run in conjunction with any
county, city or town and costs incurred by the Commission. The
Commission shall submit an annual report as to actions taken at
the close of each calendar year to the Governor and the General
Assembly.
I. Notwithstanding any other provisions of this section
or of § 18.2-271, nothing in this section shall permit the court
to suspend, reduce, limit, or otherwise modify any
disqualification from operating a commercial motor vehicle
imposed under the provisions of the Virginia Commercial Driver's
License Act (§46.2-341.1 et seq.).
§
46.2-301
Driving
while license, permit, or privilege to drive 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 §46.2-301.1 may, in the
discretion of the court, be impounded or immobilized for an
additional period of up to ninety 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 §18.2-51.4 or driving while
under the influence in violation of §§18.2-266, 46.2-341.24 or
a substantially similar ordinance or law in any other
jurisdiction 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
§46.2-391.2. 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 provided in §§46.2-304 and 46.2-357, no
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, by the Commissioner, or by operation of law pursuant to
this title or (iii) who has been forbidden, as prescribed by law,
by the Commissioner, the State Corporation Commission, the
Commonwealth Transportation Commissioner, any court, or the
Superintendent of State Police, to operate a motor vehicle in the
Commonwealth shall thereafter drive any motor vehicle or any
self-propelled machinery or equipment on any highway in the
Commonwealth until the period of such suspension or revocation
has terminated. A clerk's notice of suspension of license for
failure to pay fines or costs given in accordance with §46.2-395
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 first offense of violating this section shall
constitute a Class 2 misdemeanor. A second or subsequent offense
shall constitute a Class 1 misdemeanor. In addition, the court
shall suspend the person's license, permit, or privilege to drive
for the same period for which it had been previously suspended or
revoked when the person violated this section.
D. In the event the 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 the
person's license, permit or privilege to drive for an additional
period not to exceed ninety days. Any additional suspension
ordered under the provisions of this section shall commence upon
the expiration of the previous suspension or revocation unless
the previous suspension or revocation has expired prior to the
ordering of an additional suspension or revocation.
§ 46.2-852
Reckless
driving; general rule
Irrespective
of the maximum speeds permitted by law, any person who drives a
vehicle on any highway recklessly or at a speed or in a manner so
as to endanger the life, limb, or property of any person shall be
guilty of reckless driving.
§
46.2-1094
Occupants
of front seats of motor vehicles required to use safety lap belts
and shoulder harnesses; penalty
A. Each person at least sixteen years of age and
occupying the front seat of a motor vehicle equipped or required
by the provisions of this title to be equipped with a safety belt
system, consisting of lap belts, shoulder harnesses, combinations
thereof or similar devices, shall wear the appropriate safety
belt system at all times while the motor vehicle is in motion on
any public highway. A child under the age of sixteen years,
however, shall be protected as required by the provisions of this
chapter.
B. This section shall not apply to:
1. Any person for whom a licensed physician determines
that the use of such safety belt system would be impractical by
reason of such person's physical condition or other medical
reason, provided the person so exempted carries on his person or
in the vehicle a signed written statement of the physician
identifying the exempted person and stating the grounds for the
exemption; or
2. Any law-enforcement officer transporting persons in
custody or traveling in circumstances which render the wearing of
such safety belt system impractical; or
3. Any person while driving a motor vehicle and
performing the duties of a rural mail carrier for the United
States Postal Service; or
4. Any person driving a motor vehicle and performing the
duties of a rural newspaper route carrier, newspaper bundle
hauler or newspaper rack carrier; or
5. Drivers of taxicabs; or
6. Personnel of commercial or municipal vehicles while
actually engaged in the collection or delivery of goods or
services, including but not limited to solid waste, where such
collection or delivery requires the personnel to exit and enter
the cab of the vehicle with such frequency and regularity so as
to render the use of safety belt systems impractical and the
safety benefits derived therefrom insignificant. Such personnel
shall resume the use of safety belt systems when actual
collection or delivery has ceased or when the vehicle is in
transit to or from a point of final disposition or disposal,
including but not limited to solid waste facilities, terminals,
or other location where the vehicle may be principally garaged;
or
7. Any person driving a motor vehicle and performing the
duties of a utility meter reader; or
8. Law-enforcement agency personnel driving motor
vehicles to enforce laws governing motor vehicle parking.
C. Any person who violates this section shall be subject
to a civil penalty of twenty-five dollars to be paid into the
state treasury and credited to the Literary Fund. No assignment
of demerit points shall be made under Article 19 of Chapter 3
(§46.2-489 et seq.) of this title and no court costs shall be
assessed for violations of this section.
D. A violation of this section shall not constitute
negligence, be considered in mitigation of damages of whatever
nature, be admissible in evidence or be the subject of comment by
counsel in any action for the recovery of damages arising out of
the operation, ownership, or maintenance of a motor vehicle, nor
shall anything in this section change any existing law, rule, or
procedure pertaining to any such civil action.