A. Whenever it is provided in this title that a driver's license may or shall be suspended or revoked either by the Commissioner or by a court, notice of the suspension or revocation or any certified copy of the decision or order of the Commissioner may be sent by the Department by certified mail to the driver at the most recent address of the driver on file at the Department. If the certificate of the Commissioner or someone designated by him for that purpose shows that the notice or copy has been so sent or provided, it shall be deemed prima facie evidence that the notice or copy has been sent and delivered or otherwise provided to the driver for all purposes involving the application of the provisions of this title. In the discretion of the Commissioner, service may be made as provided in § 8.01-296, which service on the driver shall be made by delivery in writing to the driver in person in accordance with subdivision 1 of § 8.01-296 by a sheriff or deputy sheriff in the county or city in which the address is located, who shall, as directed by the Commissioner, take possession of any suspended or revoked license, registration card, or set of license plates or decals and return them to the office of the Commissioner. No such service shall be made if, prior to service, the driver has complied with the requirement which caused the issuance of the decision or order. In any such case, return shall be made to the Commissioner.
B. In lieu of making a direct payment to sheriffs as a fee for delivery of the Department's processes, the Commissioner shall effect a transfer of funds, on a monthly basis, to the Compensation Board to be used to provide additional support to sheriffs' departments. The amount of funds so transferred shall be as provided in the general appropriation act.
C. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.
1968, c. 144, § 46.1-441.2; 1980, c. 704; 1981, c. 619; 1984, c. 780; 1985, c. 231; 1989, cc. 439, 727; 1993, c. 24; 1994, c. 345; 1996, cc. 943, 994; 2001, c. 414; 2010, cc. 25, 55; 2012, c. 615; 2020, cc. 964, 965.
Notes of Decisions
Richard Daniel Peters, Jr. v. Commonwealth of Virginia, 791 S.E.2d 764 (Va. Ct. App. 2016).
· cites it 6× “The address that the DMV had on record during the time period that all three relevant notices were mailed matches the address verified by the appellant on the summons leading to the July 19 conviction.”
Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015).
· cites it 4× “Given the lack of ambiguity in the record itself and the General Assembly’s direction in Code § 46.2-416 that the certified driving record in this case is “prima facie evidence” of the violation of Code § 46.”
Jasper v. Commonwealth, 644 S.E.2d 406 (Va. Ct. App. 2007).
· cites it 2× “2-215 of the Code of Virginia, that this machine produced transcript, transmitted by electronic means to CA RD Short is an accurate depiction of the driving record of Jasper, Bobby, DL No [as listed], as maintained by the Virginia Department of Motor Vehicles as of [2006/01/24];…”
Plummer v. Commonwealth, 408 S.E.2d 765 (Va. Ct. App. 1991).
· cites it 4× “2d 924, 926 (1986); Code § 46.2-416. 1 Pitchford also holds that the provisions specified in the Code are not exclusive and if actual notice of the suspension is proved that will meet the requirement of Bibb v.”
Eddie Rivers, III v. Commonwealth of Virginia, No. 0746232 (Va. Ct. App. Dec. 17, 2024).
· cites it 6× “Rivers initially focuses on Code § 46.2-416, a provision that details two methods that provide prima facie evidence that someone has received notice that their license was revoked under Code § 46.”
Willie Hampton Moss, Jr. v. Commonwealth of Virginia, No. 0589083 (Va. Ct. App. June 9, 2009).
· cites it 4× “Code § 46.2-416 provides, in pertinent part, that [w]henever it is provided in this title that a driver’s license may or shall be suspended or revoked either by the Commissioner or by a court, notice of the suspension or revocation or any certified copy of the decision or order…”
Commonwealth v. Carter, 80 Va. Cir. 527 (Charlottesville Cir. Ct. 2010).
· cites it 2× “T61-29-7779, as maintained by the Virginia Department of Motor Vehicles as of the date printed above; and that all notice of order indicating personal delivery to the *530 driver were and received by the driver pursuant to Section 46.2-416 of the Code of Virginia.”
Va. Code Ann. § 46.2-416(A): 4 cases
Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015).
“Given the lack of ambiguity in the record itself and the General Assembly’s direction in Code § 46.2-416 that the certified driving record in this case is “prima facie evidence” of the violation of Code § 46.”
Richard Daniel Peters, Jr. v. Commonwealth of Virginia, 791 S.E.2d 764 (Va. Ct. App. 2016).
“The address that the DMV had on record during the time period that all three relevant notices were mailed matches the address verified by the appellant on the summons leading to the July 19 conviction.”
Eddie Rivers, III v. Commonwealth of Virginia, No. 0746232 (Va. Ct. App. Dec. 17, 2024).
“Rivers initially focuses on Code § 46.2-416, a provision that details two methods that provide prima facie evidence that someone has received notice that their license was revoked under Code § 46.”
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