Who can petition for restoration?
You
were determined to be a habitual offender based upon one or more convictions
for operating a motor vehicle while under the influence of alcohol or other
drugs, and at least five years have passed, and you are no longer dependent on
the use of alcohol or drugs; or
You
were determined to be a habitual offender partly on the basis of one or more
convictions for operating a motor vehicle with a suspended or revoked driver's
license due to failure to pay costs, fines, or judgments, and at least three
years have passed, and those amounts are now paid; or
You
were determined to be a habitual offender solely on the basis of convictions
for operating a motor vehicle with a suspended or revoked driver's license due
to failure to pay costs, fines, or judgments, and those amounts are now paid;
or
You
were determined to be a habitual offender on the basis of a finding of "not
innocent" as a juvenile and you are now at least 18 years of age; or
You
were determined to be a habitual offender for any other reason by a court or
by the Commissioner of the Virginia Department of Motor Vehicles and at least
five years have passed.
If
your driving record includes one or more convictions for operating a motor
vehicle while under the influence of alcohol or other drugs, the Virginia Code
requires the court to order the person to undergo an evaluation by a Virginia
Alcohol Safety Action Program. After the evaluation, the VASAP will
submit its recommendations to the court.
Restricted Licenses
You
may petition the court in which you were determined to be a habitual offender,
or you may petition the Circuit Court in the city or county in which you
reside, for a restricted license to allow you to drive to and from work if you
were determined to be a habitual offender on the basis of one or more
convictions for operating a motor vehicle while under the influence of alcohol
or drugs, and at least three years have passed, and you are no longer addicted
to or psychologically dependent on the use of alcohol or other drugs.
Before You File
Obtain a compliance summary and a copy of your driving record from DMV.
Check to see if there are any suspensions still outstanding for failure to pay
fines and costs or for unsatisfied judgments. These suspensions must be
cleared with DMV prior to filing the petition for restoration. Check
with the court(s) where the suspensions occurred to request a payment plan or
to obtain copies of the receipts if the fines and costs have already been
paid. If the Court agrees to the payment plan, take a copy of the plan
to DMV. If the Court refuses a payment plan, then make payments until
your obligations are satisfied and take the receipts to DMV.
If
you have a suspension for failure to complete a Driver Improvement Program,
you must complete the program and take the completion certificate to DMV so
the suspension can be cleared from your record.
FORMS
Habitual offender petition form
Arlington ASAP
How
do I file a petition if I do not live in Virginia?
If
the Department of Motor Vehicles determined you to be a habitual offender,
then you must file in the Circuit Court of Richmond.
If
you were adjudicated to be a habitual offender by a court, then you can file
in the court where you were adjudicated.
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