License Revocation Lynchburg Virginia Lawyer Motor Vehicle Reckless Driving Evidence
Fernandez v. Commonwealth
Plaintiff driver appealed from the judgment of the Corporation Court for the City of Lynchburg (Virginia), which dismissed his petition to set aside the revocation of his driver’s license by defendant Director of the Division of Motor Vehicles in accordance with Va. Code § 2154(186). The trial court rejected the driver’s argument that Va. Code § 2154(187) entitled the driver to a hearing before revocation.
- Whether there was any conflict between Va. Code § 2154(186) and Va. Code § 2154(187)?
The driver had two un-appealed convictions for reckless driving within a year. The Director revoked his license and refused to review the revocation on the grounds that revocation was mandatory. The trial court agreed and refused to review the underlying convictions. On appeal, the court found that there was no conflict between Va. Code § 2154(186) and Va. Code § 2154(187). The court held that Va. Code § 2154(186) gave mandatory direction to the director to revoke a license without a hearing after certain convictions, while Va. Code § 2154(187) gave the director the power to revoke based on proper evidence at a required hearing that the licensee had been guilty of the same offenses even without a conviction. The court further held that the trial court could not review earlier un-appealed judgments. The court rejected the argument that there was a contract created by the issuance of the driver’s license that prevented the Commonwealth from changing the required number of offenses from three to two. The court held that driving was a conditional privilege and was subject to the police power of the Commonwealth.
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Article written by A Sris
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