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VA license suspended for 3 yr old MN DUI?

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M

mjh10

Guest
Just moved from MN to VA 1 month ago. 3 year old DUI in MN (8/97). Held unrestricted MN drivers license, surrendered to VA DMV two weeks ago when received VA license. Today, received SUSPENSION notice, effective 9/6/00 of VA license unless I pay $105 reinstatement fee, CR-22 Risk Insurance certificate from insurer, and complete VA alcohol safety class by 9/6/00. Letter reads, "according to law". Cannot such laws. Any suggestions/advice?
thanks!
 


K

keeshy2

Guest
I am not an attorney, but live in Virginia too, and have a little too much time on my hands here at work... I did a little research, and this is what I found. It's a little cut & paste - sorry. Website where I got these is: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC4602000. Virginia is a strange place to live sometimes....

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc:
It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii) or (iv).

§ 46.2-389. Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions:
A. The Commissioner shall forthwith revoke, and not thereafter reissue for a period of time specified in subsection B, except as provided in § 18.2-271 or § 18.2-271.1, the driver's license of any resident or nonresident on receiving a record of his conviction or a record of his having been found guilty in the case of a juvenile of any of the following crimes, committed in violation of a state law or a valid county, city, or town ordinance or law of the United States, or a law of any other state, substantially paralleling and substantially conforming to a like state law and to all changes and amendments of it:

1. Voluntary or involuntary manslaughter resulting from the driving of a motor vehicle;

2. Violation of § 18.2-266 or § 18.2-272, or subsection A of § 46.2-341.24 or violation of a substantially similar local ordinance;

§ 18.2-271.1. (Effective until October 1, 2000) Probation, education and rehabilitation of person charged or convicted; person convicted under law of another state:
D. Any person who has been convicted in another state of the violation of a law of such state substantially similar to the provisions of § 18.2-266 or subsection A of § 46.2-341.24, and whose privilege to operate a motor vehicle in this Commonwealth is subject to revocation under the provisions of § 46.2-389 and subsection A of § 46.2-391, may petition the general district court of the county or city in which he resides that he be given probation and assigned to a program as provided in subsection A of this section and that, upon entry into such program, he be issued an order in accordance with subsection E of this section. If the court finds that such person would have qualified therefor if he had been convicted in this Commonwealth of a violation of § 18.2-266 or subsection A of § 46.2-341.24, the court may grant the petition and may issue an order in accordance with subsection E of this section as to the period of license suspension or revocation imposed pursuant to § 46.2-389 or subsection A of § 46.2-391. Such order shall be conditioned upon the successful completion of a program by the petitioner. If the court subsequently finds that such person has violated any of the conditions set forth by the court, the court shall dispose of the case as if no program had been entered and shall notify the Commissioner, who shall revoke the person's license in accordance with the provisions of § 46.2-389 or subsection A of § 46.2-391. A copy of the order granting the petition or subsequently revoking or suspending such person's license to operate a motor vehicle shall be forthwith sent to the Commissioner of the Department of Motor Vehicles.

No period of license suspension or revocation shall be imposed pursuant to this subsection which, when considered together with any period of license suspension or revocation previously imposed for the same offense in any state, results in such person's license being suspended for a period in excess of the maximum periods specified in this subsection.

§ 46.2-389. Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions:
B. Upon conviction of an offense set forth in subsection A, the person's driver's license shall be revoked for one year; however, for a violation of subdivision A 1 or A 7, the driver's license shall be revoked as provided in subsection B of § 46.2-391. However, in no such event shall the Commissioner reinstate the driver's license of any person convicted of a violation of § 18.2-266, or of a substantially similar valid local ordinance or law of another jurisdiction, until receipt of notification that such person has successfully completed an alcohol safety action program if such person was required by a court to do so unless the requirement for completion of the program has been waived by the court for good cause shown.

 
P

peter

Guest
Many many moons ago, I actually did something stupid, drove a car without insurance, got into an accident where the other driver got a ticket, i didnt.... a couple of weeks later got a 30 day notice suspending my DL unless i got sr 22 insurance..... so since i was just laid off i moved back to CT, 6 days before it was suspended and applied for a new DL, took the test passed, it asks do you have a suspended licese in another state, well I answered NO... which was correct untill 3 days later so i just let the other license while under suspension expire.

You could have come up with some story like you just moved here from NEW YORK CITY and NEVER needed a car before and just took the test over...

now you have to buy high risk insurance for 3 years.....but maybe you wont, it could be 3 years from the date of the violation you just have to find out.

 
P

peter

Guest
Many many moons ago, I actually did something stupid, drove a car without insurance, got into an accident where the other driver got a ticket, i didnt.... a couple of weeks later got a 30 day notice suspending my DL unless i got sr 22 insurance..... so since i was just laid off i moved back to CT, 6 days before it was suspended and applied for a new DL, took the test passed, it asks do you have a suspended licese in another state, well I answered NO... which was correct untill 3 days later so i just let the other license while under suspension expire.

You could have come up with some story like you just moved here from NEW YORK CITY and NEVER needed a car before and just took the test over...

now you have to buy high risk insurance for 3 years.....but maybe you wont, it could be 3 years from the date of the violation you just have to find out.

 

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