DMV Overview Florence Jett Deputy Director Driver Services

DMV Overview Florence Jett Deputy Director, Driver Services April 9, 2019

Objective • 2019 legislative overview • Review: • Restricted License order • Amended Abstract • DMV Administrative Requirements

Legislative Overview

HB 1664/SB 1181 OOS Drug Offense/Restricted This bill provides that a person convicted of a drug offense in another state may petition the General District court of the county or city in which they reside for restricted privileges

HB 1711/SB 1382 Expired Registration/Decals This bill moves the criminal offenses related to registration, licensing, and certificates of title included within § 46. 2 -613 to § 46. 2 -612. The bill reorganizes these statutes so that • § 46. 2 -612 contains only criminal offenses • § 46. 2 -613 contains only traffic infractions. The bill also removes the authority of the court to dismiss summons for a criminal offense related to the registration, licensing, and certificates of title when proof of compliance with the law is provided to the court on or before the court date.

HB 1911 Duties of Drivers Approaching Stationary Vehicles This proposed legislation adds § 46. 2 -861. 1 to the Code of Virginia and will increase the punishment for drivers who fail to yield the right-of-way or reduce speed when approaching certain emergency vehicles or oversized towing vehicles on a highway. • Failure to yield the right of way by changing lanes or to reduce speed when approaching specified emergency or oversized towing vehicles would be defined as reckless driving. • If the violation resulted in damage to the property of another person, the court may order the suspension of the driver’s privilege to operate a motor vehicle for not more than one year

HB 1911 (continued) Duties of Drivers Approaching Stationary Vehicles • If the violation resulted in injury or death to another person, the court may order the suspension of the person’s privilege to drive for not more than two years. • Per § 46. 2 -868, reckless driving is punishable as a Class 1 misdemeanor • If the person’s license had been suspended or revoked due to a moving violation and the reckless driving was the sole and proximate cause of death of another, it will result in a Class 6 felony.

REVIEW

Restricted License Orders

VASAP Extensions If a court is granting an extension of restricted privileges, following the end of the revocation period, to allow for the completion of VASAP the DC 265 should be issued (the court retains jurisdiction until defendant completes VASAP -Va. Code § 18. 2 -271. 1) When using the DC 265 form, the court must indicate the granting of the extension using the box below and indicating a period of time (the period of time can be provided by VASAP or the customer)

Restrictions for Drug Offenses In 2018 the DC 359 (Forfeiture of Driver License and Restricted Driver’s License Order- Drug Violation) changed The form now provides the court with the ability to include multiple convictions, with an indicator for the court to instruct six months of driving privilege for each conviction indicated.

ASAP Revoked vs Revoke Restricted License Removal of Restricted Privileges When the court orders the removal of restricted privileges or ignition interlock (DUI 1 st convictions only) • The customer’s privilege to drive for the remainder of the revocation period is terminated and their license status will display as “revoked”. • At the end of the revocation period, a complete driver’s license retesting is required to obtain a license.

ASAP Revoked vs Revoke Restricted License (continued) ASAP Revoked If a customer is convicted of DUI 1 st or DUI 2 nd, violates conditions of VASAP program and the court issues an ASAP revoked order, Virginia Code § 18. 2271. 1(D) requires DMV to revoke their driving privileges for an additional 12 months or 36 months respectively, beginning on the ASAP revoked date.

Amended Abstracts

Amended Abstract Language Outlined below are a few examples of Amended Abstract notes DMV has received from the court that we are unable to act upon: • Please make changes to transcripts, this case has been re-opended. • Please update your system. • Remove suspension • Motion to rehear, conviction lifted • Case was re-opended, defendant complied with law • Please waive reinstatement fee Before DMV can act upon an amended abstract, DMV must have statutory authority to act upon the direction provided by the court and/or the direction given can not be in conflict with the law.

Complied with Law Although the courts have the authority to dismiss a summons (for a variety of offenses), when proof of compliance with the law is provided to the court on or before the court date (prior to the courts transmitting a conviction to DMV): • “Complied with Law” is not applicable for the purposes of removing a conviction. Once the conviction has been transmitted to DMV, the court must provide DMV with information related to the court’s re-adjudication of the conviction (i. e. : dismissed, vacated, etc), before DMV is authorized to remove the conviction from the person’s record (i. e. an amended abstract).

Motion to Re-hear/Case Reopened If the Judge grants a motion to re-hear, DMV cannot remove a conviction from the customer’s record at that time, unless the Judge acted upon the original conviction. (If the Judge does not act upon the original conviction, notice to rehear does not need to be forwarded to DMV. ) When the Judge has changed the ruling on the original conviction, notification of the decision must be forwarded to DMV (i. e. ; vacated, dismissed, etc…).

Vacated Convictions If the court vacates a conviction and provides notification of the courts decision, DMV will remove the conviction and the sanctions imposed as a condition of the conviction. If the court had also notified DMV to suspend the customer’s privilege to drive due to outstanding Fines and Costs, the court would also have to direct DMV to remove the F&C suspension, as it was not a condition of the original sanction(s) imposed, but a suspension received separately from the court.

DMV Administrative Requirements

DMV Administrative Requirements Deferred Drug Violations • If the court adjudicates a drug violation as a deferred disposition or finding under advisement, Virginia Code § 46. 2 -390. 1 mandates that DMV suspend the person’s driving privileges for 6 months. • If the court later dismisses the offense and elects not to convict, DMV is still required to maintain the 6 month deferred disposition suspension on the customer’s record.

Questions?

DMV Contact Information Conviction and Suspension Processing Manager – Dreana Gilliam 804 - 423 -1720 Fax: 804 -367 -2027 Driver’s License Compliance Manager - Jacquelyn Mines 804 - 423 - 1733 Fax: 804 -367 -6694

THANK YOU Florence Jett Florence. Jett@dmv. virginia. gov (804) 497 -7137