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license of such persoh may be suspended by the court or <br />judge, for a period not to exceed one (1) year. However, in <br />any case where the speed of the accused is determined to have <br />exceeded the maximum allowed by fifteen (15) miles per hour <br />where the maximum speed is fifty-five (55) miles per hour or <br />greater, the driver's license shall be suspended by the court <br />or judge trying the case for a period of not less than ninety <br />(90) days. In case of conviction and suspension, the court <br />or judge shall order the surrender of the license to the <br />court where it shall be disposed of in accordance with the <br />provisions of section 23-87 of this chapter. <br /> <br />Section 23-89. Driving while license, permit or privilege <br /> has been suspended or revoked. <br /> <br /> (a) Except as otherwise provided in Section 23-99 of <br />this Code and Section 46.1-387.8 of the Code of Virginia, no <br />person, resident or nonresident whose driver's license or <br />instruction permit or privilege to drive a motor vehicle has <br />been suspended or revoked or who has been directed not to <br />drive by any court or by the commissioner or by operation of <br />law pursuant to the provisions of this Chapter, Title 46.1 of <br />the Code of Virginia, Section 18.2-271 of the Code of <br />Virginia or any similar law or regulation or who has been <br />forbidden as prescribed by law by the Commissioner, the State <br />Corporation Commission, the Commonwealth Transportation <br />Co~missioner, any court, or the Superintendenn of State <br />Police, to operate a motor vehicle in this commonwealth shall <br />thereafter drive any motor vehicle or any self-propelled <br />machinery or equipment on any highway in this city unless and <br />until the period of such suspension or revocation shall have <br />terminated. <br /> <br /> (b) Any person violating this section may, for the <br />first offense be confined in j~il not less than ten (10) days <br />nor more than six (6) months and may in addition be fined not <br />less than one hundred dollars ($100.00) nor more than two <br />hundred dollars ($200.00); and for the second or any <br />subsequent offense may be confined in jail not less than two <br />(2) months nor more than one year and may in addition be <br />fined not less than two hundred dollars ($200.00) nor more <br />than one thousand dollars ($1,000.00). Except in a case <br />where the violation of this section arose out of a revocation <br />of the defendant's license for nonpayment of a fine or fines <br />pursuant to Section 46.1-423.3 of the Code of Virginia, <br />the court shall not suspend the entire jail sentence in any <br />case but may, in its discretion, suspend a portion thereof. <br />However, this provision, in the discretion of the court, <br />shall not apply if the operation of the motor vehicle was due <br />to an emergency involving danger to the health or life of any <br />person or to property; and the court may, in its discretion, <br /> <br /> <br />