Fill and Sign the 462 358 Restoration of Privilege of Driving Motor Vehicle Form

PETITION FOR RESTORATION OF DRIVING PRIVILEGE – Case No. .................................................................................................................... HABITUAL OFFENDER Commonwealth of Virginia VA. CODE §§ 46.2-358; -359; -360; -361 FORM DC-485 (MASTER, PAGE ONE OF THREE) 07/10 HEARING DATE AND TIME ________________ ________________ ________________ ________________ ________________ ________________ .................................................................................................................................................................. General District Court CITY OR COUNTY COMPLETE DATA BELOW IF KNOWN BORN HT. RACE SEX MO. DAY YR. FT. IN. WGT. EYES HAIR D.L.# STATE .................................................................................................................................................................. PETITIONER’S NAME .................................................................................................................................................................. ADDRESS .................................................................................................................................................................. TO THE JUDGE OF THE ABOVE NAMED COURT: I respectfully represent that I was adj udged to be an habitual offender by the ...................................................................................................... General District Court on ................................................................................... DATE I have attached a certified “Hab itual Offender Restoration Transcript” of my driving record from the Department of Motor Vehic les. CHECK ONE BOX AS THE BA SIS OF YOUR PETITION: [ ] A. Restoration under Va. Code § 46.2- 360(1) (Eligibility only after five (5) years from the date of your adjudication – unless yo u are entitled to credit under subsection (iii) below.) I have been adjudged to be and habitual offender based in part on and dependent upon con victions of Va. Code § 18.2-266, § 18.2-51.4 or Subsection A of § 46.2-341.24 or valid lo cal ordinance or law of another state or jurisdiction relating to operating a motor vehicle under the in fluence of intoxicants or drugs. I represent that: (i) At the time of the convictions, I was addicted to or psychologically dependent on the use of alcohol or other drugs; and (ii) At this time I am no longer addicted to or psychol ogically dependent on the use of alcohol or other drugs; and (iii) Five years have passed from the date on which I was adjudged to be an habitual offender [For the purposes of determining eligibil ity under this section, I rely on a period of credit for administrative suspension by the Department of Motor Vehicles, pursuant to Virginia Code § 46.2- 391(B) (for third offense drunk driving) prior to adjudication: [ ] Yes [ ] No If yes, period of suspension under § 46.2-391(B): ................................................................. to .......................................................... ]; and (iv) I do not constitute a threat to the safety and welfare of my self or others with respect to the operation of a motor vehicle. I request that the Court restore my privil ege to operate a motor vehicle in the Comm onwealth upon my evaluation by the Virginia Alcohol Safety Action Program. FORM DC-485 (MASTER, PAGE TWO OF THREE) 10/07 [ ] B. Restricted Driver’s License under Va. Code § 46.2-360(2) (Eligibility only after three (3) years from the date of your adjudication – unless you are entitled to credit under (iii) below.) I have been adjudg ed to be an habitual offender based in part on and dependent upon convictions of Va. Code § 18.2-266, § 18.2-51.4 or Subsection A of § 46.2-341.24 or valid local ordinance or law of another state or jurisdiction relating to operating a motor vehicle under the influence of intoxicants or drugs. I represent that: (i) At the time of my convicti ons, I was addicted to or psychologically dependent on the use of alcohol or other drugs; and (ii) At this time I am no longer addicted to or psychol ogically dependent on the use of alcohol or other drugs; and (iii) At least three years have passed from the date on which I was adjudged to be and habitual offender [For purposes of determining eligibility under this section, I rely on a period of credit for administrative suspension by the Department of Motor Vehicles, pursuant to Virginia Code § 46.2- 391(B) (for third offense drunk driving) prior to adjudication. [ ] Yes [ ] No If yes, period of suspension under § 46.2-391(B): ................................................................. to .......................................................... ]; and (iv) I do not constitute a threat to the safety and welfare of my self or others with respect to the operation of a motor vehicle; and I request that the Court order th e issuance of a restricted license to allow me to drive to and from work and during the course of my employment, upon evaluation by the Virginia Al cohol Safety Action Program. ............................................................................................................................... ................................................................................................... ........................... .............................................................................. NAME AND ADDRESS OF EMPLOYER DAYS AND HOURS WORKED [ ] C. Restoration under Va. Code § 46.2-361(A) (E ligibility only after three (3) years from the adjudication and after all fines, court costs, forfeitures, restitution, penalties and/or j udgments have been paid in full.) I have been adjudged to be an habitual offender and such adjudication was not based on any drunk driving c onviction(s), but was based in part and dependent upon a convic tion of driving while my license or privilege to drive was suspended or rev oked where the suspension or revocation was only for: • failure to pay fines, costs, forfeitu res, restitution and/or penalties; or • failure to furnish proof of financial responsibility, or • failure to satisfy a judgment. I represent that: (i) At least three years have passed since the date of my adjudication to be an habitual offender. (ii) I do not constitute a threat to the safety and welfare of my self or others with respect to the operation of a motor vehicle. [ ] D. Restoration under Va. Code § 46.2-361(B) (I mmediate eligibility after all fines, court costs, fo rfeitures, restitution, penalt ies and judgments have been paid.) I have been adjudg ed to be an habitual offender based entirely upon convictions of driving while my license or privilege to drive was suspended or revoked where the suspension or revocation was only for: • failure to pay fines, costs, forfeitu res, restitution and/or penalties; or • failure to furnish proof of financial responsibility; • failure to pay uninsured motorist fee; or • failure to satisfy a judgment. I attach proof that all fines, costs, forfeitures, restituti on, penalties and/or judgments have been paid in full, and I attach proof of fi nancial responsibility. I attach proof of motor vehi cle insurance or payment of uninsured motorist fee. I represent that I do not constitute a threat to the safety and welfare of myself or others with respect to the operation of a motor vehicle. I request that the Court restore my privilege to operate a moto r vehicle in the Commonwealth. [ ] E. Restoration under Va. Code § 46.2- 359 (Eligibility upon reaching eighteen years of ag e.) I have been adjudged to be an habitual offender based in whole or in part based on findings of not innocent while I was a juvenile. I am now eighteen years of age or older. I request that the Court restore my privilege to operate a motor vehicle in the Commonwealth. [ ] F. Restoration under Va. Code § 46.2- 358 (Eligibility only five (5) years from the adjudication where adjudication was based on n o drunk driving convictions.) I have been adjudged to be an habitual offender, and at least five years have passed since the date of s uch adjudication. I represent that I do not constitute a threat to the safety and welfare of myself or others with regard to the operation of a m otor vehicle. I request that the Court restore my privilege to operate a moto r vehicle in the Commonwealth. I request that the Court hold a hearing on my petition. I underst and that the hearing will be held no less than thirty (30) days from the date notice of this petition is serv ed on the Commonwealth’s Attorney and the Comm issioner of the Department of Motor Vehicles. I understand that the Commonwealth’s Attorney and the Commissioner of the Department of Motor Vehicles may object to my petition and that the Court may deny my petition to rest ore my privilege to operate a motor vehicle in the Commonwealth, may deny the issuan ce of a restricted driver’s license or may place conditions on my privilege to operate a motor vehicle. ............................................................................................................ ____________________________________________________________________________________________________ DATE PETITIONER’S SIGNATURE RETURN – COMMONWEALTH’S ATTORNEY: SERVED ON .................................................................................... NAME .................................... _________________________________ DATE SERVING OFFICER FOR __________________________________________________ RETURN – COMMISSIONER OF DMV: SERVED ON .................................................................................... NAME .................................... _________________________________ DATE SERVING OFFICER FOR __________________________________________________ FORM DC-485 (MASTER, PAGE THREE OF THREE) 7/98