CHAPTER 302

An Act to amend and reenact §§ 18.1-58, 46.1-16, 46.1-62, 46.1-177, 46.1-
192, 46.1-805, 46.1-850 and 46.1-851 as amended, and 46.1-898 and
46.1-495, of the Code of Virginia, relating to penalties for violating
certain motor vehicle laws, so as to revise the minimum penalties
therefor.

[S 77]

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:
1. That §§ 18.1-58, 46.1-16, 46.1-62, 46.1-177, 46.1-192, 46.1-305, 46.1-350
and 46.1-351 as amended, and 46.1-398 and 46.1-495 of the Code of Vir-
ginia, be amended and reenacted as follows:

§ 18.1-58. Any person violating any provision of § 18.1-54 shall
be guilty of a misdemeanor and shall be punished, for a first offense by
a fine of not less than * two hundred dollars nor more than one thousand
dollars or by confinement in jail for not less than one month nor more
than six months, either or both in the discretion of the jury or the court
trying the case without a jury. Any person convicted within any period
of ten years of a second or other subsequent offense under § 18.1-54, or
convicted of a first offense undef § 18.1-54 after having been convicted
within a period of ten years prior thereto of an offense under former
§ 18-75, shall be punishable by a fine of not less than * two hundred
dollars nor more than one thousand dollars and by confinement in jail
for not less than one month nor more than one year. For the purposes
of this section a conviction or finding of not innocent in the case of a
juvenile under the provisions of § 18.1-54, former § 18-75, the ordinance
of any county, city or town in this State or the laws of any other state
substantially similar to the provisions of §§ 18.1-54 through 18.1-57 of
the Code shall be considered a prior conviction.

§ 46.1-16. (a) It shall be unlawful and constitute a misdemeanor
for any person to violate any of the provisions of chapters 1 through 4
of this title, unless such violation is by any of such provisions declared
to be a felony.

(b) Every person convicted of a misdemeanor for a violation of any
of the provisions of such chapters for which no other penalty is provided
shall, for a first conviction thereof, be punished by a fine of not less than
* ten dollars nor more than one hundred dollars, or by imprisonment in
jail for not less than one nor more than ten days, or by both such fine
and imprisonment; for a conviction for a second such violation within
one year such person shall be punished by a fine of not less than * twenty
dollars nor more than two hundred dollars or by imprisonment in jail for
not less than one nor more than twenty days, or by both such fine and
imprisonment; for a conviction of a third or subsequent violation within
one year such person shall be punished by a fine of not less than * fifty
dollars nor more than five hundred dollars or by imprisonment in jail
for not less than ten days nor more than six months, or by both such
fine and imprisonment.

§ 46.1-62. It shall be unlawful for the owner of any motor vehicle,
trailer or semitrailer, license for which has been revoked pursuant to the
provisions of the preceding sections, to fail or refuse to surrender and
deliver up to the Division or any of its officers upon demand a certificate
of title if such certificate of title is incorrect in any material particular,
registration card and license tags so revoked and any person convicted
of a violation of this provision shall be punished by a fine of not less than *
one hundred dollars nor more than five hundred dollars or by imprison-
ment in jail for not less than thirty days or by both such fine and imprison-
ment.

§ 46.1-177. Any person convicted of violating the provisions of
§ 46.1-176 shall, if such accident result in injury to, or the death of, any
person, be punished: (1) By confinement in the penitentiary for not less
than one year nor more than five years, (2) by confinement in jail for
not less than thirty days nor more than one year, (3) by a fine of not less
than * fifty dollars nor more than five thousand dollars, or (4) by both
such confinement in the penitentiary or in jail and such fine. If such acci-
dent result only in damage to property, the person so convicted shall be
deemed guilty of a misdemeanor and punished in accordance with *
§ 18.1-9; provided, however, if the vehicle struck is unattended and such
damage be less than twenty-five dollars, such person shall be punished
only by a fine not exceeding fifty dollars.

§ 46.1-192. Every person convicted of reckless driving under §§ 46.1-
189, 46.1-190 or 46.1-191 shall for the first violation be punished as pro-
vided by * § 18.1-9. For each second or subsequent conviction for the
offense of reckless driving under §§ 46.1-189, 46.1-190 or 46.1-191 com-
mitted within twelve months before or after the date of another act of
reckless driving for which he has been convicted, such person shall be
punished by a fine of not less than * one hundred dollars nor more than
five hundred dollars, or by imprisonment in jail for not less than ten
days nor more than twelve months, or by both such fine and imprisonment.

§ 46.1-305 (a) It shall be a felony to install or to aid or abet in in-
stalling, in any manner, in, on or upon any motor vehicle except a motor
vehicle used for the application of insecticides or other chemicals for
the control of weeds or pests any device, applicance, equipment or instru-
ment of any kind, character or description, or any part of such device,
appliance, equipment or instrument, designed for generating or emitting
smoke, thereby creating what is commonly known as a “smoke screen,”
or of emitting any gas or flame which may be a hindrance or obstruction
to traffic. It shall also be a felony for one to have in his possession any
motor vehicle known by him to be so equipped or to drive or operate,
on the highways of this State, any motor vehicle known by him to be
so equipped.

(b) Any person found guilty of violating the provisions of this
section shall be confined in the penitentiary not less than one year nor
more than five years; or he may be fined not less than * fifty dollars nor
more than five hundred dollars and confined in jail not less than thirty
days nor more than twelve months. The judgment of conviction under this
section shall of itself operate to deprive the person convicted of the right
or privilege to drive or operate any motor vehicle in this State for a
period of six months from the date of such judgment.

§ 46.1-350. (a) No person resident or nonresident whose operator’s
or chauffeur’s license or instruction permit has been suspended or re-
voked by any court or by the Commissioner or by operation of law pur-
suant to the provisions of this title or of § 18.1-59 or who has been for-
bidden 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 this State shall thereafter drive
any motor vehicle in this State unless and until the period of such suspen-
sion 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 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.

§ 46.1-351. (a) No person resident or nonresident whose operator’s
or chauffeur’s license or instruction permit has been suspended or re-
voked by any court or by the Commissioner or by operation of law pur-
suant to the provisions of this title or of § 18.1-59 or who has been for-
bidden 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 this State shall drive any motor
vehicle in this State during any period wherein the restoration of license
or privilege is contingent upon the furnishing of proof of financial re-
sponsibility, unless he has given proof of financial responsibility in the
manner provided in article 6 * of chapter 6 of this title.

(b) Any person violating this section shall upon conviction of the first
violation therefor be punished by imprisonment for not less than ten days
nor more than six months or be fined not less than * one hundred dollars
nor more than five hundred dollars, or be punished by both such fine and
imprisonment. For the second or any subsequent violation of this section
the offender shall be confined in jail not less than one month nor more than
twelve months, or be fined not less than one hundred dollars nor more than
one thousand dollars, or be punished by both such fine and imprisonment.

§ 46.1-898. Any person who violates any provision of this chapter
for which another penalty is not prescribed by law shall be * punished *
by * confinement in jail for not more than ninety days or by a fine of not
less than * fifty dollars or more than one thousand dollars or * both.

§ 46.1-495. Any person whose registration certificate has been
suspended or revoked, restoration thereof or the issuance of a new regis-
tration being contingent upon the furnishing of proof of financial re-
sponsibility, and who, during the period of suspension or while the revoca-
tion is in effect, or in the absence of full authorization from the Com-
missioner, drives any motor vehicle upon any highway or knowingly
permits any motor vehicle owned by him to be operated by another upon
any highway except as permitted under this chapter shall be guilty of a
misdemeanor and upon conviction be punished by imprisonment for not
less than two days nor more than six months and be fined not less than *
fifty dollars nor more than five hundred dollars, either or both.