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Habitual Offenders/3rd Offense
What is a Habitual Offender?
The following information is provided as a summary of the habitual offender laws of Virginia. This summary may not include all aspects of the law and is not intended to be construed as legal advice.

Under ยง 46.2-351 of the Code of Virginia, a habitual offender is defined as any person whose Virginia Department of Motor Vehicles (DMV) record includes any of the following within a ten-year period:

Three or more convictions or findings of not innocent in the case of a juvenile, singularly or in combination, of the following separate offenses arising out of separate acts and prohibited by federal, state or local laws:

  • Voluntary or involuntary manslaughter or aggravated involuntary manslaughter resulting from the operation of a motor vehicle;
  • Driving or operating a motor vehicle while under the influence of intoxicants or drugs or maiming resulting from driving under the influence of intoxicants or drugs;
  • Driving a motor vehicle while the license, permit or privilege to drive a motor vehicle has been suspended or revoked;
  • Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws  or as to information required int eh administration of such laws;
  • Any offense punishable as a felony under the motor vehicle laws of Virginia or any felon in the commission of which a motor vehicle is used.
  • Failure of the driver of a motor vehicle involved in an accident resulting only in damage to an attended or unattended vehicle or other property in excess of $1,000 to stop close to the scene of the accident and report his identity or otherwise report such accident.

Twelve or more convictions or findings of not innocent in the case of a juvenile, of separate offenses, singularly or in combination, in the operation of a motor vehicle which are required to be reported to the DMV and the commission of which required the DMV or authorizes a court to suspend or revoke the privilege to drive for a period of 30 days or more

Where more than one offense included above is committed within a six-hour period, multiple offenses shall, on the first such occasion be treated as one offense provided the person charged has no record of prior offenses as listed above.

Appeal a Determination
If the Commissioner of the Virginia DMV determines you to be a habitual offender, and you believe that you do not fit the definition above, or if the determination was based solely on failure to pay fines or costs and you have now paid all such fines or costs, you may petition the Circuit Court in the city or county in which you reside to restore your privilege to drive. If you are not a resident of Virginia, you may petition the Circuit Court of the City of Richmond, Virginia.

The Office of the Clerk of Circuit Court will provide you with the necessary forms.

Restore Driving Privileges
You may petition the Court in which you were determined to be a habitual offender of the Circuit Court in the city or county in which you reside to restore your privilege to drive.

The Office of the Clerk of Circuit Court will provide you with the necessary forms.

File the completed forms  with the Clerks Office.

Filing Fees - $84.00

Sheriff's Service Fees - $12.00 each for the Commonwealth Attorney and the Commissioner of the DMV.

All fees are payable to the Clerk of the Roanoke County Circuit Court.

Rhonda Rogers
Deputy Clerk
540-387-6206