License Restoration in Virginia
If you are a habitual offender and you’re seeking to have your license restored please consider giving me a call. There are many reasons for having been declared a habitual offender, one of which is a DUI. If you were convicted of a DUI which caused you to become a habitual offender that process can difficult, complicated and time-consuming. Consider hiring an attorney with experience, remember all you have to do is pick up the phone and call me. I’ll give you a free consultation. You can send me the documents you have and I’ll be glad to look them over and consult with you.
Remember, Your license is your life ™
Call me at (804) 355-1842
The Commonwealth of Virginia no longer designates individuals with multiple driving convictions to be Habitual Offenders. However, if you were declared to be one prior to this change, you must still petition a Virginia Circuit Court to restore your privilege to drive. I have assisted many individuals through this process, Virginia residents as well as residents of other States. I will be happy to discuss your license restoration needs and what can be done to restore it to you.
Please obtain a Compliance Summary and a Habitual Offender Driving Record from the Virginia Department of Motor Vehicles www.dmvnow.com and give Joe McGrath a call (804) 355-1842, or email us.
Habitual Offenders & License Restoration
If you were declared a Habitual Offender, the restoration of your license is dependent on how, when, where and by who you were declared to be a Habitual Offender.
D.U.I. & License Restoration
If any one of the three offenses which were used to declare you to be a Habitual Offender was for D.U.I. you may receive a restricted license THREE YEARS after the date of that order, and full restoration FIVE YEARS thereafter.
The petition for either a restricted or full license is filed (a) in the Circuit Court where you were declared (b) in the Circuit Court where you reside. If the order of Habitual Offender was by D.M.V., these petitions may be filed in the Richmond Circuit Court or where you live.
After the filing of the petition, the Court must order that you undergo an evaluation by the Virginia Alcohol Safety Action (V.S.A.P.). There is a fee for that evaluation. The evaluation will look into your past record and events since you were declared a Habitual Offender. It requires you to submit names of individuals who have knowledge of your alcohol use, etc. When completed, a hearing is conducted at which time the Court may consider the recommendations contained with the evaluation. This sometimes means ordering you to take an alcohol relapse prevention program for which you will be charged a fee (approximately $300.00+). If you reside in another state, the V.S.A.P. program will coordinate an evaluation in your state (the fee is $150.00).
Please Note: Even if five years have passed since you were declared a habitual offender, you are not entitled to restoration. The judge has the discretion to deny restoration, grant restoration or only grant a restricted license. Many judges place the petitioner on a probationary period requiring the person to comply with the recommendations of V.S.A.P. If all requirements are complied with, then after the period is completed a full license is granted. (The worse the driving record, the greater the likelihood this will occur.) If a restricted license is granted, you may only drive as per those restrictions. Usually, this is to and from work and during working hours. The court can also grant driving to and from school, medical health care providers and day schools.
If you were declared to be a habitual offender and all three convictions were for driving after your license was suspended and the suspensions were all for failure to pay fines and costs, for failure to furnish proof of financial responsibility (insurance) or for a judgment, then you can be restored immediately. Otherwise, you may not be restored for a period of three years from the date of the court or D.M.V. habitual offender order. In either case, all fines and costs and judgments must be paid prior to the filing of the petition to appropriate court or collection agency/attorney for the court.
As with D.U.I., a petition must be filed in the Circuit Court where you reside or where you were declared to be a habitual offender. It may be in the City of Richmond if you were declared by D.M.V.