A. The Commissioner shall forthwith revoke, and not thereafter reissue for a period of time specified in subsection B, except as provided in § 18.2-271 or § 18.2-271.1, the driver's license of any resident or nonresident on receiving a record of his conviction or a record of his having been found guilty in the case of a juvenile of any of the following crimes, committed in violation of a state law or a valid county, city, or town ordinance or law of the United States, or a law of any other state, substantially paralleling and substantially conforming to a like state law and to all changes and amendments of it:
1. Voluntary or involuntary manslaughter resulting from the driving of a motor vehicle;
2. Violation of § 18.2-266 or § 18.2-272, or subsection A of § 46.2-341.24 or violation of a substantially similar local ordinance;
3. Perjury or the making of a false affidavit to the Department under this chapter or any other law of the Commonwealth requiring the registration of motor vehicles or regulating their operation on the highways;
4. The making of a false statement to the Department on any application for a driver's license;
5. Any crime punishable as a felony under the motor vehicle laws of the Commonwealth or any other felony in the commission of which a motor vehicle is used;
6. Failure to stop and disclose his identity at the scene of the accident, on the part of a driver of a motor vehicle involved in an accident resulting in the death of or injury to another person; or
7. Violation of § 18.2-36.1 or § 18.2-51.4.
B. Upon conviction of an offense set forth in subsection A, the person's driver's license shall be revoked for one year; however, for a violation of subdivision A 1 or A 7, the driver's license shall be revoked as provided in subsection B of § 46.2-391. However, in no such event shall the Commissioner reinstate the driver's license of any person convicted of a violation of § 18.2-266, or of a substantially similar valid local ordinance or law of another jurisdiction, until receipt of notification that such person has successfully completed an alcohol safety action program if such person was required by a court to do so unless the requirement for completion of the program has been waived by the court for good cause shown.
Code 1950, § 46-416; 1958, cc. 496, 541, § 46.1-417; 1960, c. 364; 1966, c. 238; 1974, c. 453; 1976, cc. 612, 691; 1982, c. 301; 1984, c. 780; 1988, c. 860; 1989, cc. 705, 727; 1990, c. 949; 1992, cc. 109, 891; 1997, cc. 486, 691; 1999, cc. 945, 987; 2000, cc. 956, 959, 982, 985.
Notes of Decisions
Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016).
· cites it 8× “*703 Shortly thereafter, upon receipt of appellant’s conviction order, the Commissioner of the DMV, pursuant to Code § 46.2-389, 2 revoked appellant’s license for a term ending on February 8, 2009.”
United States v. Knott, 726 F. Supp. 1042 (E.D. Va. 1989).
· cites it 2× “1988) (providing for mandatory revocation of driver’s license for DWI conviction); Va.Code Ann. §§ 46.2-389; 46.2-391 (RepI.”
Robertshaw v. Commonwealth, 86 Va. Cir. 426 (Fairfax Cir. Ct. 2013).
· cites it 23× “On October 4, 2012, the Virginia Department of Motor Vehicles Commissioner (“DMV” or “Commissioner”) revoked Petitioner’s driver’s license for one year, pursuant to Va. Code § 46.2-389. After receiving notification of the revocation, Petitioner timely *427 filed this Petition…”
Kenneth Lee Barden v. Commonwealth of Virginia, No. 1027144 (Va. Ct. App. May 12, 2015).
· cites it 8× “Shortly thereafter, upon receipt of appellant’s conviction order, the Commissioner of the DMV, pursuant to Code § 46.2-389,2 revoked appellant’s license for a term ending on February 8, 2009.”
Christopher Lee Croft v. Commonwealth of Virginia, No. 1957143 (Va. Ct. App. June 30, 2015).
· cites it 4× “2-271, Code § 46.2-389 requires the Commissioner of the Department of Motor Vehicles (“DMV”) to revoke an individual’s license upon receiving a record of his conviction for violation of Code § 18.”
Huff v. Dep't of Motor Vehs., 58 Va. Cir. 517 (Va. Cir. Ct. 2002).
· cites it 4× “DMV argues that this administrative function was not in conflict with the Court’s actual order because the agency suspension order is rightfully issued, in essence, as a matter or law, irrespective of any suspension ruling from the bench.”
Doe v. Commonwealth, 85 Va. Cir. 419 (Richmond County Cir. Ct. 2012).
· cites it 2× “Under Virginia Code § 46.2-389, any person convicted of a violation of Va.”
Commonwealth v. Dodd, 41 Va. Cir. 235 (Loudoun Cir. Ct. 1996).
“1, when read together, demonstrate a legislative intent that an individual who fails successfully to complete VASAP shall have his license revoked by the Commissioner of DMV pursuant either to § 46.2-389 or to § 46.2-391(A), whichever applies, so that the person will be required…”
Just. v. Commonwealth, 41 Va. Cir. 401 (Spotsylvania Cir. Ct. 1997).
“Instead, his license was *403 revoked in 1993 for only a one-year period under § 46.2-389 as á consequence of his 1993 DWI conviction.”
In re Custer, 45 Va. Cir. 218 (Rockingham Cir. Ct. 1998).
“The only conclusion *219 that can be drawn from this DMV record is that the “revocation” which was issued on March 16, 1992, was an administrative revocation initiated by the Commissioner of the Department of Motor Vehicles pursuant to § 46.2-389(2) of the Code of Virginia which…”
Va. Code Ann. § 46.2-389(2): 1 case
In re Custer, 45 Va. Cir. 218 (Rockingham Cir. Ct. 1998).
“The only conclusion *219 that can be drawn from this DMV record is that the “revocation” which was issued on March 16, 1992, was an administrative revocation initiated by the Commissioner of the Department of Motor Vehicles pursuant to § 46.2-389(2) of the Code of Virginia which…”
Va. Code Ann. § 46.2-389(A): 3 cases
Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016).
“*703 Shortly thereafter, upon receipt of appellant’s conviction order, the Commissioner of the DMV, pursuant to Code § 46.2-389, 2 revoked appellant’s license for a term ending on February 8, 2009.”
Kenneth Lee Barden v. Commonwealth of Virginia, No. 1027144 (Va. Ct. App. May 12, 2015).
“Shortly thereafter, upon receipt of appellant’s conviction order, the Commissioner of the DMV, pursuant to Code § 46.2-389,2 revoked appellant’s license for a term ending on February 8, 2009.”
Huff v. Dep't of Motor Vehs., 58 Va. Cir. 517 (Va. Cir. Ct. 2002).
“DMV argues that this administrative function was not in conflict with the Court’s actual order because the agency suspension order is rightfully issued, in essence, as a matter or law, irrespective of any suspension ruling from the bench.”
Va. Code Ann. § 46.2-389(A)(2): 1 case
Robertshaw v. Commonwealth, 86 Va. Cir. 426 (Fairfax Cir. Ct. 2013).
“On October 4, 2012, the Virginia Department of Motor Vehicles Commissioner (“DMV” or “Commissioner”) revoked Petitioner’s driver’s license for one year, pursuant to Va. Code § 46.2-389. After receiving notification of the revocation, Petitioner timely *427 filed this Petition…”
Va. Code Ann. § 46.2-389(B): 2 cases
Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016).
“*703 Shortly thereafter, upon receipt of appellant’s conviction order, the Commissioner of the DMV, pursuant to Code § 46.2-389, 2 revoked appellant’s license for a term ending on February 8, 2009.”
Kenneth Lee Barden v. Commonwealth of Virginia, No. 1027144 (Va. Ct. App. May 12, 2015).
“Shortly thereafter, upon receipt of appellant’s conviction order, the Commissioner of the DMV, pursuant to Code § 46.2-389,2 revoked appellant’s license for a term ending on February 8, 2009.”
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