Suspended License Virginia Registration Certificates Orders Lawyers Mecklenburg County
Valter v. Commonwealth
Appellant Commissioner of the Virginia Division of Motor Vehicles sought review of the order of the Circuit Court for the County of Mecklenburg (Virginia) vacating the Commissioner’s order, suspending appellee motorist’s operator’s license and registration certificates and plates under Va. Code Ann. §§ 46-420, 46-423 (1950). The trial court entered the order on remand after the court reversed its prior order affirming the suspension. Proceedings were instituted to suspend the motorist’s operator’s license under Va. Code Ann. § 46-420 (1950) and to suspend his registrations under Va. Code Ann. § 46-423 (1950). The commissioner ordered the motorist’s license and registrations suspended after a hearing. On judicial review, the trial court affirmed the suspensions, but the court reversed the judgment and remanded the case to allow the trial court to hear additional evidence. After a hearing on remand, the trial court reversed the commissioner’s orders. On a second appeal, the court affirmed the trial court’s order as to the suspension of the motorist’s registrations under Va. Code Ann. § 46-423.
- Whether in the absence of such revocation, the motorist whose operator’s license is being suspended will nevertheless continue to operate his motor vehicle or vehicles without such license in violation of the law?
The court ruled that the motorist’s prior traffic convictions and his failure to renew his license for several months were insufficient to show that he would continue to drive without a license. Thus, the court ruled that the suspension of the registrations was not necessary for public safety. However, the court reversed the order as to the suspension of the motorist’s operator’s license under Va. Code Ann. § 46-420 (1950), ruling that his flagrant traffic violations warranted the suspension of his license for one year. The court affirmed the trial court’s order reversing the suspension of the motorist’s registrations by the commissioner. However, the court reversed the trial court’s order reversing the commissioner’s suspension of the motorist’s operator’s license. The court also ordered that the commissioner recover her costs on appeal.
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Article written by A Sris
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.