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McGlone Law Firm, P.C.

Q:
How Do I File for Restoration of my Driving Privileges After Being Declared a Habitual Offender?

A:

Any person declared to be a habitual offender or whose license to operate a motor vehicle has been revoked in the Commonwealth of Virginia may, after expiration of the applicable statutory period, petition the court in which he or she was found to be a habitual offender or the circuit court of the county in which he or she resides to restore his or her privilege to drive a motor vehicle in the Commonwealth of Virginia.

To determine if you are eligible to file for restoration, or at the very least be granted restricted privileges, you should get a copy of your Compliance Summary and Department of Motor Vehicles Transcript.

A Virginia Alcohol and Safety & Action (VASAP) evaluation must be obtained if any of the convictions which led to the suspension of license were alcohol related (aka DUI convictions). See https://vacode.org/46.2-360/ and https://vacode.org/46.2-391/

If DMV determined you a habitual offender, you must petition the Virginia Circuit Court in the city or county where you currently reside. Out of state residents must petition the Circuit Court of the City of Richmond.

If you were adjudicated a Habitual Offender by a Virginia court, you may file your petition in the Virginia court where you were adjudicated or in the Virginia Circuit Court in the city or county in which you reside. Out of state petitioners must petition the Virginia court that handled the adjudication. 

Any hearing on the petition cannot be heard until 30 days have passed since the petition was filed, in order for DMV and The Commonwealth to be served with notice.

If you have any questions, you should contact a local attorney to get more specifics or get the process started.