Va. Code » Title 46.2. Motor Vehicles » Subtitle II. Titling, Registration and Licensure » Chapter 3. Licensure of Drivers » Article 12. Suspension and Revocation of Licenses, Generally; Additional Penalties
Virginia Code

Va. Code Ann. § 46.2-395 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 2020, cc. 964 and 965, cl. 2.

Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 1995–2025 · leading case: Stinnie v. Holcomb, 355 F. Supp. 3d 514 (W.D. Va. 2018).
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Stinnie v. Holcomb, 355 F. Supp. 3d 514 (W.D. Va. 2018). · cites it 42× “MOON, SENIOR UNITED STATES DISTRICT JUDGE The plaintiffs in this putative class action have sued the Commissioner of Virginia's Department of Motor Vehicles, challenging the constitutionality of Virginia Code § 46.2-395 (" § 46.2-395"), which requires the automatic suspension of…”
Ohree v. Commonwealth, 494 S.E.2d 484 (Va. Ct. App. 1998). · cites it 4× “Under those provisions, a defendant's indigence would only allow the defendant additional time to fulfill the obligation.”
Commonwealth v. Brown, 508 S.E.2d 916 (Va. Ct. App. 1999). · cites it 6× “” Code § 46.2-395 specifically references “lawful fines, court costs, forfeitures, restitution and penalties,” and it specifically includes “any fee assessed .”
Com., Dept. of Motor Vehs. v. Wallace, 511 S.E.2d 423 (Va. Ct. App. 1999). · cites it 4× “Evidence at the related hearing disclosed a conviction in the New Kent County General District Court for “Driving Under Revocation Or Suspension,” a violation of Code § 46.2-395, as one of the three offenses indispensable to the Commissioner’s determination that Wallace was an…”
Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016). · cites it 2× “Similarly, Code § 46.2-395(B) authorized suspension of appellant’s license upon his failure to pay court costs and fines assessed against him by the trial court — but only until the costs “ha[d] been paid in full.”
Damian Stinnie v. Richard Holcomb, 77 F.4th 200 (4th Cir. 2023). “2018) (quoting Va. Code § 46.2-395 (repealed 2020)). In their complaint, Appellants claimed that the Commissioner enforced § 46.”
Commonwealth of Virginia, DMV v. Arthles H. Lynn, 510 S.E.2d 270 (Va. Ct. App. 1999). · cites it 3× “2-361(B), Lynn was not eligible under that provision because all the convictions did not result from suspensions ordered pursuant to (1) Code § 46.2-395, for failure to pay fines or costs; (2) Code § 46.”
Commonwealth of Virginia v. Wayne Bernard Boone, 517 S.E.2d 275 (Va. Ct. App. 1999). · cites it 3× “This adjudication was based on two convictions of driving while his license was suspended for failure to pay fines *441 and costs, in violation of Code § 46.2-395, and one conviction of driving while his license was suspended for failure to submit an insurance certificate or pay…”
Aminata Carew v. Commonwealth of Virginia, 750 S.E.2d 226 (Va. Ct. App. 2013). “2-301(B) states in pertinent part: "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.”
Damian Stinnie v. Richard Holcomb (4th Cir. 2018). · cites it 10× “Va. Code Ann. §§ 46.2-395 (B), (C). The DMV then updates its license database in accordance with the notice, thereby effectuating the suspension for all practical purposes, including for law enforcement.”
Lawrence D. Loflin v. Commonwealth, 500 S.E.2d 826 (Va. Ct. App. 1998). “2-361(C) states in full: This section shall apply only where the conviction resulted from a suspension or revocation ordered pursuant to (i) § 46.2-395 for failure to pay fines and costs, (ii) § 46.”
Nicholson v. Commonwealth (Va. 2021). · cites it 4× “Various orders by the circuit court styled the case as 1 Nicholson’s license was previously suspended pursuant to Code § 46.2-395 for failure to pay court fines and fees.”
Show all 29 citing cases →
Va. Code Ann. § 46.2-395(B): 2 cases
Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016). “Similarly, Code § 46.2-395(B) authorized suspension of appellant’s license upon his failure to pay court costs and fines assessed against him by the trial court — but only until the costs “ha[d] been paid in full.”
Kenneth Lee Barden v. Commonwealth of Virginia (Va. Ct. App. 2015).
Va. Code Ann. § 46.2-395(C): 1 case
Stinnie v. Holcomb, 355 F. Supp. 3d 514 (W.D. Va. 2018). “MOON, SENIOR UNITED STATES DISTRICT JUDGE The plaintiffs in this putative class action have sued the Commissioner of Virginia's Department of Motor Vehicles, challenging the constitutionality of Virginia Code § 46.2-395 (" § 46.2-395"), which requires the automatic suspension of…”
Va. Code Ann. § 46.2-395(C1): 1 case
Roy Edgar Morrisette v. Commonwealth of Virginia (Va. Ct. App. 2000).
Va. Code Ann. § 46.2-395(D): 1 case
Stinnie v. Holcomb, 355 F. Supp. 3d 514 (W.D. Va. 2018). “MOON, SENIOR UNITED STATES DISTRICT JUDGE The plaintiffs in this putative class action have sued the Commissioner of Virginia's Department of Motor Vehicles, challenging the constitutionality of Virginia Code § 46.2-395 (" § 46.2-395"), which requires the automatic suspension of…”
Va. Code Ann. § 46.2-395(E): 1 case
Commonwealth v. Brown, 508 S.E.2d 916 (Va. Ct. App. 1999). “” Code § 46.2-395 specifically references “lawful fines, court costs, forfeitures, restitution and penalties,” and it specifically includes “any fee assessed .”
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