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C. Any person who has had his driver's license revoked
in accordance with subsection B of this section may petition
the circuit court of his residence, or, if a nonresident of
Virginia, any circuit court:
1. For restoration of
his privilege to drive a motor vehicle in the Commonwealth
after the expiration of five years from the date of his last
conviction. On such petition, and for good cause shown, the
court may, in its discretion, restore to the person the privilege
to drive a motor vehicle in the Commonwealth on condition
that such person install an ignition interlock system in accordance
with § 18.2-270.1 on all motor vehicles, as defined in
§ 46.2-100, owned by or registered to him, in whole or
in part, for a period of at least six months, and upon whatever
other conditions the court may prescribe, subject to the provisions
of law relating to issuance of driver's licenses, if the court
is satisfied from the evidence presented that: (i) at the
time of his previous convictions, the petitioner was addicted
to or psychologically dependent on the use of alcohol or other
drugs; (ii) at the time of the hearing on the petition, he
is no longer addicted to or psychologically dependent on the
use of alcohol or other drugs; and (iii) the defendant does
not constitute a threat to the safety and welfare of himself
or others with regard to the driving of a motor vehicle. However,
prior to acting on the petition, the court shall order that
an evaluation of the person, to include an assessment of his
degree of alcohol abuse and the appropriate treatment therefor,
if any, be conducted by a Virginia Alcohol Safety Action Program
and recommendations therefrom be submitted to the court. The
court may, in lieu of restoring the person's privilege to
drive, authorize the issuance of a restricted license for
a period not to exceed five years in accordance with the provisions
of § 18.2-270.1 and subsection E of § 18.2-271.1.
The court shall notify the Virginia Alcohol Safety Action
Program which shall during the term of the restricted license
monitor the person's compliance with the terms of the restrictions
imposed by the court. Any violation of the restrictions shall
be reported to the court, and the court may then modify the
restrictions or revoke the license.
2. For a restricted license
to authorize such person to drive a motor vehicle in the Commonwealth
in the course of his employment and to drive a motor vehicle
to and from his home to the place of his employment after
the expiration of three years from the date of his last conviction.
The court may order that a restricted license for such purposes
be issued in accordance with the procedures of subsection
E of § 18.2-271.1, if the court is satisfied from the
evidence presented that (i) at the time of the previous convictions,
the petitioner was addicted to or psychologically dependent
on the use of alcohol or other drugs; (ii) at the time of
the hearing on the petition, he is no longer addicted to or
psychologically dependent on the use of alcohol or such other
drugs; and (iii) the defendant does not constitute a threat
to the safety and welfare of himself and others with regard
to the driving of a motor vehicle. The court shall prohibit
the person to whom a restricted license is issued from operating
a motor vehicle that is not equipped with a functioning, certified
ignition interlock system during all or any part of the term
for which the restricted license is issued, in accordance
with the provisions set forth in § 18.2-270.1. However,
prior to acting on the petition, the court shall order that
an evaluation of the person, to include an assessment of his
degree of alcohol abuse and the appropriate treatment therefor,
if any, be conducted by a Virginia Alcohol Safety Action Program
and recommendations therefrom be submitted to the court. The
Virginia Alcohol Safety Action Program shall during the term
of the restricted license monitor the person's compliance
with the terms of the restrictions imposed by the court. Any
violation of the restrictions shall be reported to the court,
and the court may then modify the restrictions or revoke the
license.
The ignition interlock system installation requirement under
subdivisions 1 and 2 of this subsection need only be satisfied
once as to any single revocation under subsection B of this
section for any person seeking restoration under subdivision
1 following the granting of a restricted license under subdivision
1 or 2.
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