Legal Question in Traffic Law in Virginia

Re: Reinstatement of revoked license

No, unfortunately, you may not petition the court to reduce the sentence. S46.2-334.01(3) of the Motor Vehicle Code provides the following: "If any such person (minor under age 18)is convicted a

third time of an offense for which demerit points

have been assessed or are assessable under Article 19(S46.2-489 etseq.)of this chapter or a violation of any provision of Article 12(S46.2-

1091 etseq.) or Article 13(46.2-1095 etseq.)of

Chapter 10 of this title, the Commissioner(DMV)

shall revoke such person's driver's license or privilege to operate a motor vehicle for one year

or until such person reaches the age of eighteen

years, whichever is longer. Such revocation will be consecutive to, and not concurrent with, any other period of license suspension, revocation or denial."

However, if you are now 18 years of age, you

are no longer subject to the above-stated provisions of S46.2-334.01, which apply only to minors, and, therefore, may now apply for a driver's license as an adult.

Re: Reinstatement of revoked license

Amendment to previous answer: Forget the second paragraph of my answer; this is a mistake. I misread the last part of the statute "whichever is longer." Since your one year period of DMV

revocation is longer than the period between your

third demerit offense and your 18TH birthday, the

prior period controls.

The courts have no power to change this as it's mandated in the Virginia Motor Vehicle Code.