HB3122: Driving without a license; enhanced penalty for persons convicted of second offense.

HOUSE BILL NO. 3122
Offered January 18, 2007
A BILL to amend and reenact § 46.2-300 of the Code of Virginia, relating to driving without a license; penalties.
Patron-- Rust

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That § 46.2-300 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-300. Driving without license prohibited; penalties.

No person, except those expressly exempted in §§ 46.2-303 through 46.2-308, shall drive any motor vehicle on any highway in the Commonwealth until such person has applied for a driver's license, as provided in this article, satisfactorily passed the examination required by § 46.2-325, and obtained a driver's license, nor unless the license is valid.

A conviction of a violation of this section shall constitute a Class 2 misdemeanor. A third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days. However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of this section in a situation of apparent extreme emergency that requires such operation to save life or limb.

Upon a violation of this section when the person drives on a suspended or revoked license, the court shall suspend the person's privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked.

In the event the person violated this section by driving during a period of suspension or revocation that was not for a definite period of time or in the event the person violated this section by driving without a valid license, the court shall suspend the person's license, permit, or privilege to drive for an additional period not to exceed 90 days to commence upon the expiration of the previous suspension or revocation to begin immediately if the previous suspension or revocation has expired.