§ 78-142. Driving while license, permit or privilege to drive suspended or revoked.

(a)

Except as otherwise provided in Code of Virginia, §§ 46.2-304 and 46.2-357, no person, resident or nonresident, whose driver's license or instruction permit or privilege to drive a motor vehicle has been suspended or revoked or who has been directed not to drive by any court or by the commissioner of the state department of motor vehicles or by operation of law pursuant to the provisions of this chapter or Code of Virginia, title 46.2 or Code of Virginia, § 18.2-271 or who has been forbidden, as prescribed by law, by the commissioner, the state corporation commission, the state transportation commissioner, any court or the superintendent of state police to operate a motor vehicle in this state shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in this county 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 $100.00 nor more than $200.00, 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 $200.00 nor more than $1,000.00. The preceding punishment shall not apply in a case where the violation of this section arose out of a revocation of the defendant's license for nonpayment of a fine pursuant to Code of Virginia, § 46.2-395. The court shall not suspend the entire jail sentence in any case, but may in its discretion suspend a portion thereof. However, this subsection, 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 the court may, in its discretion, prescribe that the jail sentence shall be served at such time as the court may direct after considering the circumstances of the person convicted of violating this section.

(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. If 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 person's license, permit or privilege to drive for an additional period not to exceed 90 days. Any additional suspension ordered under the provisions of this subsection 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.

(Code 1988, § 7-82)

State Law reference— Similar provisions, Code of Virginia, § 46.2-350.

(Code 1988, § 7-82)

State law reference

Similar provisions, Code of Virginia, § 46.2-350.