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. § 46.2-410 (2026)

Appeals from order suspending or revoking license or registration

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Any person aggrieved by an order or act of the Commissioner requiring suspension or revocation of a license or registration under the provisions of this chapter is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). No appeal shall lie in any case in which the suspension or revocation of the license or registration was mandatory except to determine the identity of the person concerned when the question of identity is in dispute.

From the final decision of the circuit court, either the person who petitioned the court for an appeal or the Commissioner shall have an appeal as of right to the Court of Appeals.

Code 1950, § 46-424; 1952, c. 544; 1958, c. 541, § 46.1-437; 1960, c. 511; 1984, cc. 673, 703; 1986, c. 615; 1989, c. 727.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1995–2021 · leading case: Commonwealth v. Shaffer, 559 S.E.2d 623 (Va. 2002).
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Commonwealth v. Shaffer, 559 S.E.2d 623 (Va. 2002). · cites it 4× “)” (APA) of DMV orders suspending or revoking licenses or registrations. The statute provides, however, that “[n]o appeal shall lie in any case in which suspension or revocation of the license or registration was mandatory except to determine the identity of the person concerned…”
Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016). · cites it 2× “it necessary for the safety of the public”), the Commissioner’s authority to suspend or revoke a driver’s license is strictly circumscribed by statute, see generally Code § 46.2-410 (noting that suspension or revocation of a license is mandatory in certain cases).”
Aaron Wendt v. Richard D. Holcomb, Comm'r, Dep't of Motor Vehs., No. 1042202 (Va. Ct. App. Apr. 6, 2021). · cites it 29× “We hold that the circuit court lacked subject matter jurisdiction to consider the appellant’s challenge to his license suspension pursuant to Code § 46.2-410. Consequently, we affirm the circuit court’s dismissal of the petition for appeal without considering the appellant’s…”
Sayler v. Commonwealth, 71 Va. Cir. 258 (Albemarle Cir. Ct. 2006). · cites it 10× “1 should be dismissed, as inappropriate, with leave granted, to allow Petitioner to amend his petition under Va. Code § 46.2-410 to test whether the Commissioner’s Order was a mandatory revocation under Va.”
Bare v. Commonwealth, 59 Va. Cir. 109 (Va. Cir. Ct. 2002). · cites it 7× “In examining what process was due Shaffer as part of his post-deprivation remedies, the Supreme Court noted that Shaffer had the right to seek review of his determination pursuant to Va. Code § 46.2-410. This statute allows a party to appeal in accordance with the Virginia’s…”
Commonwealth v. Repp, 36 Va. Cir. 473 (Albemarle Cir. Ct. 1995). · cites it 5× “Question Presented May the General District Court’s refusal to rescind the seven-day suspension of the defendant’s license be appealed to the Circuit Court? Discussion In determining if there is a right of appeal, one relevant Code provision is § 46.2-410: Appeals from order…”
Daniel David Lucas v. Commonwealth of Virginia, No. 0917101 (Va. Ct. App. July 5, 2011). · cites it 2× “See Code § 46.2-410. -2- This Court granted Lucas an appeal on this issue alone.”
Kenneth Lee Barden v. Commonwealth of Virginia, No. 1027144 (Va. Ct. App. May 12, 2015). · cites it 2× “it necessary for the safety of the public”), the Commissioner’s authority to suspend or revoke a driver’s license is strictly circumscribed by statute, see generally Code § 46.2-410 (noting that suspension or revocation of a license is mandatory in certain cases).”
Stewart v. Virginia Dep't of Motor Vehs., 58 Va. Cir. 161 (Va. Cir. Ct. 2002). “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, unless such revocation or suspension is required under § 46.”
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