§ 14-379. Forfeiture of driver's license upon conviction of illegally possessing or distributing drugs or marijuana.

(a)

In addition to any other sanction or penalty imposed upon conviction for illegally possessing or distributing drugs or marijuana, the (i) judgment of conviction or (ii) placement on probation following deferral of further proceedings under section 14-376 for any such offense shall of itself operate to deprive the person so convicted or placed on probation after deferral of proceedings under 14-376 of the privilege to drive or operate a motor vehicle, engine, or train in the Commonwealth for a period of six (6) months from the date of such judgment. Such license forfeiture shall be in addition to and shall run consecutively with any other license suspension, revocation or forfeiture in effect or imposed upon the person so convicted or placed on probation. However, a juvenile who has had his license suspended or denied pursuant to Code of Virginia section 16.1-278.9 shall not have his license forfeited pursuant to this section for the same offense.

(b)

The court trying the case shall order any person so convicted or placed on probation to surrender his driver's license to be disposed of in accordance with the provisions of section 46.2-398 of the Code of Virginia and shall notify the Department of Motor Vehicles of any such conviction entered and of the license forfeiture to be imposed.

(c)

In those cases where the court determines there are compelling circumstances warranting an exception, the court may provide that any individual for whom the court has deferred further proceedings pursuant to section 14-376 be issued a restricted license to operate a motor vehicle for any or all of the following purposes:

(1)

Travel to and from his place of employment;

(2)

Travel to a screening, evaluation and education program entered pursuant to section 14-376;

(3)

Travel during the hours of such person's employment if the operation of a motor vehicle is a necessary incident of such employment;

(4)

Travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; or

(5)

Such other medically necessary travel as the court deems necessary and proper upon written verification of need by a licensed health professional.

No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (Code of Virginia, section 46.2-341.1 et seq.) The court shall order the surrender of such person's license in accordance with the provisions of subsection (b) and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection. This order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to such person who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, but only if the order provides for a restricted license for that period. A copy of the order and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restriction imposed pursuant to this section shall be guilty of a violation of section 46.2-301 of the Code of Virginia.

(Ord. of 10-17-95, § 18.2-259.1)

State Law reference— Similar provisions, Code of Virginia, § 18.2-259.1.

(Ord. of 10-17-95, § 18.2-259.1)

State law reference

Similar provisions, Code of Virginia, § 18.2-259.1.