Speeding Virginia Suspended License Revocation Conviction Attorneys Hopewell City
Kemp v. Smith
Appellant, the Acting Commissioner of Motor Vehicles of Virginia, sought review of a decree from the Corporation Court of the City of Hopewell (Virginia), which enjoined the enforcement of an order revoking for 60 days the chauffeur’s license of appellee driver.
- Whether license if the appellee driver can be suspended?
The driver was found guilty on a charge of speeding. Later in the same year, he was arrested on another charge of speeding, failed to appear for trial, and forfeited the bond posted by him for his appearance to answer that charge. The Commissioner entered an order, in accordance with the provisions of Va. Code Ann. § 46-416.1, revoking the license for a period of 60 days on the ground that the driver had been twice convicted of speeding within a 12-month period. The trial court, in granting injunctive relief to the driver, concluded that the forfeiture of collateral was not a conviction within the meaning of Va. Code Ann. §§ 46-416.1, 46-387(4). The court reversed, holding that a conviction as defined in § 46-387(4) included a forfeiture of bail or collateral deposited to secure an appearance in court. If a driver chose to forfeit bond instead of appearing to defend the charge, that was a conviction no less than a conviction arrived at by trial.
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Article written by A Sris
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