19770913 1977-27ORDINANCE No. 1977-27
AN ORDINACE TO AMEND AND REENACT SECTION 13-58
OF THE FAIRFAX CITY CODE
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 13158 of the Code of the City of Fairfax
be, and it hereby is, amended and reenacted to read in its entiret
as follows:
"Sec. 13-58.
Driving while operator's etc., license suspended
or revoked.
(a) Except as otherwise provided in Code of Virginia,
sections 46.1-352.1 and 46.1-387.8, no person, resident or non-
resident, whose operator's or chauffeur's license or instruction
permit has been suspended or revoked by any court or by the com-
missioner or by operation of law pursuant to the provisions of
title 46.1, or of section 18.2-266, Code of Virginia, or this
chapter, or who has been forbidden, as prescribed by law, by the
commissioner, the state corporation commission, the state highway
commissioner or the superintendent of state police, to operate
a motor vehicle in the Commonwealth of Virginia, shall thereafter
drive any motor vehicle or any self-propelled machinery or
equipment on any highway in the city, unless and until the period
of such suspension or revocation shall have terminated.
(b) Any person violating this section shall, for the first
offense, be confined in jail not less than ten days nor more
than six months, and may, in addition, be fined not less than
one hundred dollars nor more than two hundred dollars; and for
the second or any subsequent offense, shall be confined in jail
not less than two months nor more than one year, and may, in
addition, be fined not less than two hundred dollars nor more
than one thousand dollars. The court shall not suspend the
1977-27 -2
entire jail sentence in any case, but may in its discretion
suspend a portion thereof, provided, that this provision, in the
discretion of the court, shall not apply if the operation of the
motor vehicle was due to an emergency involving danger to the
health or life of any person or to property. The court may, in
its discretion, prescribe that the jail sentence shall be served
at such time or times as the court may direct after considering
the circumstances of the person convicted of violating this sectio
(c) In addition, the court shall suspend or revoke such
person's license, permit or privilege to drive for the same period
for which it had been previously suspended or revoked when such
person violated this section. In the event such person has
vioated this section by driving during a period of suspension or
revocation which was not for a definite period of time, the court
shall suspend or revoke such person's license, permit or privilege
to drive for an additional period not to exceed ninety days. Any
additional suspension ordered under the provisions of this section
shall commence upon the expiration of the previous suspension or
revocation unless such previous suspension or revocation has
expired prior to the ordering of an additional suspension or
revocation."
This ordinance shall take effect immediately upon its
adoption.
Introduced: September 6, 1977.
Adopted: September 13, 1977.
Attest:
City~ C1/erk