A. Notwithstanding the provisions of § 46.2-410, when the Commissioner orders a revocation or suspension of a person's driver's license under the provisions of this chapter, the person so aggrieved may, in cases of manifest injustice, within 60 days of receipt of notice of the suspension or revocation, petition the circuit court of the jurisdiction wherein he resides for a hearing to review the Commissioner's order. Manifest injustice is defined as those instances where the Commissioner's order was the result of an error or was issued without authority or jurisdiction. The person shall provide notice of his petition to the attorney for the Commonwealth of that jurisdiction.
B. At the hearing on the petition, if the court finds that the Commissioner's order is manifestly unjust the court may, notwithstanding any other provision of law, order the Commissioner to modify the order or issue the person a restricted license in accordance with the provisions of § 18.2-271.1. For any action under this section, no appeal shall lie from the determination of the circuit court.
C. This section shall not apply to any disqualification of eligibility to operate a commercial motor vehicle imposed by the Commissioner pursuant to Article 6.1 (§ 46.2-341.1 et seq.).
2001, cc. 739, 749; 2002, c. 811; 2020, cc. 740, 741.
Notes of Decisions
Kenneth A. Stokes, Jr. v. Commonwealth of Virginia, 736 S.E.2d 330 (Va. Ct. App. 2013).
· cites it 4× “2-296 (withdrawal of plea of guilty), or Code § 46.2-410.1 (jurisdictional review of revocation or suspension by Commissioner of the Department of Motor Vehicles).”
A.R.A. v. Commonwealth, 809 S.E.2d 660 (Va. 2018).
· cites it 2× “1(B) (compelling a court to order forfeiture of a bond or escrow account upon revocation of a permit for the construction of waterworks, "unless the court finds the forfeiture would result in manifest injustice"); Code § 46.2-410.1(A) (permitting a petition for review of the…”
Sayler v. Commonwealth, 71 Va. Cir. 258 (Albemarle Cir. Ct. 2006).
· cites it 30× “*259 In November 2005, Petitioner filed a petition to review the suspension of his driving'privileges and modify the order of revocation to reinstate his Restricted Driving Privilege under Va. Code § 46.2-410.1. Issues Presented 1.”
Bednar v. Commonwealth, 60 Va. Cir. 255 (2002).
· cites it 9× “Bednar brings his Petition under Virginia Code § 46.2-410.1 which provides for review of any revocation not issued under § 46.”
Robertshaw v. Commonwealth, 86 Va. Cir. 426 (Fairfax Cir. Ct. 2013).
· cites it 12× “Bellows Pursuant to Va. Code § 46.2-410.1, David Robertshaw petitions the Court to order the Virginia Department of Motor Vehicles Commissioner to rescind the revocation of his driver’s license.”
Stewart v. Virginia Dep't of Motor Vehs., 58 Va. Cir. 161 (2002).
· cites it 10× “Manifest injustice is defined as those instances where the Commissioner’s order was the result of an error or was issued without authority or jurisdiction or actually conflicts with a final order of a court in the Commonwealth.”
Vasquez v. Commonwealth, 63 Va. Cir. 106 (Fairfax Cir. Ct. 2003).
· cites it 5× “Vasquez’ petition for judicial review, filed pursuant to Virginia Code § 46.2-410.1, of the decision of the Commissioner of the Department of Motor Vehicles (hereafter “the Commissioner”) ordering revocation of Mr.”
Huff v. Dep't of Motor Vehs., 58 Va. Cir. 517 (2002).
· cites it 4× “2-301, specifically to avoid a license suspension as part of the sentence, Petitioner avers that the subsequent DMV suspension constitutes a manifest injustice as contemplated by Va. Code Ann. § 46.2-410.1 . In its brief, DMV acknowledges that the order of Danville General…”
Commonwealth v. Dimuzio, 58 Va. Cir. 63 (2001).
· cites it 3× “Va. Code Ann. § 46.2-410.1 . Ms. Dimuzio, ajuvenile, was notified by the Commissioner that, by reason of a second demerit point conviction, her license was suspended for a period of ninety days effective September 29, 2001, and ending December 27, 2001.”
Doe v. Commonwealth, 85 Va. Cir. 419 (Richmond County Cir. Ct. 2012).
· cites it 3× “The case is here under the provisions of Va. Code § 46.2-410.1, which allows for judicial review.”
Va. Code Ann. § 46.2-410.1(A): 2 cases
A.R.A. v. Commonwealth, 809 S.E.2d 660 (Va. 2018).
“1(B) (compelling a court to order forfeiture of a bond or escrow account upon revocation of a permit for the construction of waterworks, "unless the court finds the forfeiture would result in manifest injustice"); Code § 46.2-410.1(A) (permitting a petition for review of the…”
Robertshaw v. Commonwealth, 86 Va. Cir. 426 (Fairfax Cir. Ct. 2013).
“Bellows Pursuant to Va. Code § 46.2-410.1, David Robertshaw petitions the Court to order the Virginia Department of Motor Vehicles Commissioner to rescind the revocation of his driver’s license.”
Va. Code Ann. § 46.2-410.1(B): 1 case
Robertshaw v. Commonwealth, 86 Va. Cir. 426 (Fairfax Cir. Ct. 2013).
“Bellows Pursuant to Va. Code § 46.2-410.1, David Robertshaw petitions the Court to order the Virginia Department of Motor Vehicles Commissioner to rescind the revocation of his driver’s license.”
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