19980714 1998-25ORDINANCE NO. 1998- 25
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA, BY ADDING THERETO
A NEW SECTION 14-20.4 CONCERNING FORFEITURE OF
DRIVER' S LICENSE DRUG VIOLATIONS
BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 14 of the Code of the City of Fairfax is
hereby amended by adding thereto a new Section 14-20.4 to read in
its entirety as follows:
Sec.14-20.4. Forfeiture of Driver's License for Violations of
Article.
A. In addition to any other sanction or penalty imposed for
a violation of Section 14-20.1 of Article 1, Chapter 14 of the Code
of the City of Fairfax or Section 14-20.3 of Article 1, Chapter 14
of the Code of the City of Fairfax, the (i) judgment for conviction
under those above-referenced City Code Sections or (ii) placement
on probation following deferral of further proceedings under
Section 14-20.2 of Article 1, Chapter 14 of the Code of the City of
Fairfax for any such offense shall of itself operate to deprive the
person so convicted or placed on probation after deferral of
proceedings under Section 14-20.2 of Article 1, Chapter 14 of the
Code of the City of Fairfax of the privilege to drive or operate a
motor vehicle, engine, or train in the Commonwealth for a period of
six (6) months from the date of such judgment. Such license
forfeiture shall be in addition to and shall run consecutively with
any other license suspension, revocation, or forfeiture in effect
or imposed upon the person so convicted or placed on probation.
However, a juvenile who has had his license suspended or denied
pursuant to Section 16.1-278.9 of the Code of Virginia (1950 as
amended) shall not have his license forfeited pursuant to this
section for the same offense.
B. The court trying the case shall order any person so
convicted or placed on probation to surrender his driver's license
to be disposed of in accordance with the provisions of Section
46.2-398 of the Code of Virginia (1950 as amended) and shall notify
the Department of Motor Vehicles of any such conviction entered and
the license forfeiture to be imposed.
1998-25 -2
C. In those cases where the court determines there are
compelling circumstances warranting an exception, the court may
provide that any individual be issued a restricted license to
operate a motor vehicle for any or all of the following purposes:
(i) travel to and from his place of employment; (ii) travel to a
screening, evaluation and education program, pursuant to Section
14-20.2 of Article 1, Chapter 14 of the Code of the City of
Fairfax; (iii) travel during the hours of such person's employment,
if the operation of a motor vehicle is a necessary incident of such
employment; (iv) travel to and from his school, if such person is a
student, upon proper written verification to the court that such
person is enrolled in a continuing program of education; or (v)
such other medically necessary travel as the court deems necessary
and proper upon written verification of need by a licensed health
professional. No restricted license issued pursuant to this
subsection shall permit any person to operate a commercial motor
vehicle as defined in the Virginia Commercial Driver's License Act
Section 46.2-341.1, et seq. Code of Virginia (1950 as amended).
The court shall order the suspension of such person's license in
accordance with the provisions of subsection B and shall forward to
the Commissioner of the Department of Motor Vehicles a copy of its
order entered pursuant to this subsection. This order shall
specifically enumerate the restrictions imposed and contain such
information regarding the person to whom such a permit is issued as
is reasonably necessary to identify such person. The court shall
also provide a copy of its order to such person who may operate a
motor vehicle on the order until receipt from the Commissioner of
the Department of Motor Vehicles of a restricted license, but only
if the order provides for a restricted license for that period. A
copy of the order and, after receipt thereof, the restricted
license shall be carried at all times by such person while
operating a motor vehicle. Any person who operates a motor vehicle
in violation of any restriction imposed pursuant to this Section
shall be guilty of a violation of Section 46.2-301 of the Code of
Virginia (1950 as amended).
1998-25
-3
2. This Ordinance shall become effective at 12:01 a.m. on July
15,1998.
INTRODUCED :
PUBLIC HEARING :
ADOPTED
VOTE:
June 23, 1998
July 14, 1998
: July 14, 1998
Councilman Coughlan aye
Councilman Greenfield absent
Councilman Lederer aye
Councilman Petersen aye
Councilman Rasmussen aye
Councilman Silverthorne aye
John Mason
MAYOR
ATTEST:
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