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1982 Ordinances
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1982 Ordinances
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Last modified
2/6/2009 3:43:00 PM
Creation date
6/22/2001 8:01:22 PM
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Ord/Resolutions
Year
1982
Ord/Resolutions - Type
Ordinances
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Section 21-24. <br /> <br />Forfeiture of driver s license; suspension <br />of sentence. <br /> <br /> The judgment of c.o~viction if for a first offense under <br />Section 21-19 shall of itsel~ operate to deprive the person <br />so convicted Of the privilege to drive or operate any motor <br />vehic.le~, engine or train in the Commonwealth of Virginia for <br />a period, of six (6) months from the date of such judgment. <br />If suc~ conviction is for a second or other subsequent offense <br />(i) within five (5) years of a.first offense convicti6n under <br />Section 21-19, such person's license to operate a motor vehicle, <br />engine or train shall be suspended for a period of three (3) <br />years or, (ii) within five (5) to ten (10) years of a first <br />offense conviction under Section 21-19, such person's licen'se <br />to operate a motor vehicle, engine or train shall be suspended <br />for a period of two (2) years from the date of the judgment <br />of conviction. Any s~ch period of license suspension in. any <br />case shall run consecutively_ with any period of suspension <br />for failure to permit a blood or breath sample to be taken <br />as required by Section 21-21. If any person has heretofore <br />been convicted or found not innocent in the case of a juvenile <br />of Violating any provision of Section 21-19 or of violating <br />any similar act in the Commonwealth of Virginia or any other <br />State and thereafter is convicted of violating the provisions <br />of Section 21-t9~ such conviction or finding shall, for the <br />purpose of this ~ection, be a subsequent offense and shall <br />be punished acco~dingiy. Six (6) months of any license sus- <br />pension or any revocation imposed pursuant to this section <br />for a first offense conviction may be susuended, in whole <br />or in part, by tbs Co,art upon the entry of such person con- <br />victed into and the successful completion of an alcohol <br />safety action progr~ or a driver alcohol rehabilitation <br />proga~mor such other alcohol rehabilitation program ~s <br />may in the opinion of the Court be best suited to the needs <br />of such person. Upon a second conviction, the Court may not <br />suspend more than two (2) years of such license suspension <br />or revocation if such second conviction occurred less than <br />five (5) years after a previous conviction, nor more than ' ~' <br />one (1) year if such second conviction occurred five (5) to <br />ten (10) years after a previous conviction. Upon a third <br />conviction of a violation of Section 21-19, such person shall <br />not be eligible for participa~ionin such alcohol rehabilitation <br />program. <br /> <br /> 2. This Ordinance shall take effect from the date of <br />its adoption. <br /> <br /> Adopted by the Council of the City-of Portsmouth, Virginia, <br />at a meeting held July 13, 1982. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />
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