CHAPTER 494

An Act to amend and reenact §§ 46.1-849 and 46.1-850 as amended,
of the Code of Virginia, relating to driving a motor vehicle without
a license and while one’s license, permit or privilege to drive has
been suspended or revoked; penalties.

[S 108]
Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-349 and 46.1-350 as amended, of the Code of Virginia
be amended and reenacted as follows:

§ 46.1-349. Driving without license prohibited—(a) No person,
except those expressly exempted in §§ 46.1-352 through 46.1-356 shall
drive any motor vehicle on any highway in this State until such person
shall have made application for an operator’s or chauffeur’s license, as
hereinafter provided, and satisfactorily passed the examination required
by § 46.1-869 and obtained either an operator’s or chauffeur’s license,
unless such person shall have been issued an operator’s or chauffeur’s li-
cense prior to June nineteenth, nineteen hundred and forty-six that is
renewable in the discretion of the Division.

(b) Unpona first conviction of a violation of this section, the penalty
imposed shall be as provided in § 46.1-887. Upon a second or subsequent
conviction of a violation of this section, which second offense shall have
occurred within one year of a first offense, the penalty shall be imprison-
ment in jail for not less than ten days nor more than six months, and,
in addition, may be a fine not less than one hundred dollars nor more
than five hundred dollars.

§ 46.1-350. Driving while license, permit or privilege to drive sus-
pended or revoked.—(a) Except as otherwise provided in § 46.1-352.1,
no person resident or nonresident whose operator’s or chauffeur’s license
or instruction permit or privilege to drive a motor vehicle has been sus-
pended or revoked or who has been directed not to drive by any court or
by the Commissioner or by operation of law pursuant to the provisions
of this title or of § 18.1-59 or who has been forbidden as prescribed by
law by the Commissioner, the State Corporation Commission, the State
Highway Commissioner, any court, or the Superintendent of State Po-
lice, to operate a motor vehicle in this State shall thereafter drive any
motor vehicle or any self-propelled machinery or equipment on any high-
way in this State unless and until the period of such suspension or revoca-
tion 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. The court shall not suspend the 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; and
provided further that 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 section.

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 violated 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 persons license, permit or
privilege to drive for an additional period not to exceed 90 days. Any addt-
tional suspension ordered under the provisions of this section shall com-
mence 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.