I was granted a court-ordered Restricted License after being convicted of misdemeanor Hit and Run, Unattended Property under $1000, on appeal to Circuit Court. Then, when the clerk consulted DMV Court Services they were told that NO H&R's are eligible for Restricted driving privilidge during the suspension. The Statutes on this, however, are clear - Only a conviction of Felony H&R with Injuries is ineligible. All other's ARE eligible if the court grants it.
Meanwhile, DMV's website also does not list Misdemeanor H&R as one of the offenses eligible for Restricted. I've asked the Circuit Court for something in writing to use as the basis of an Appeal, since the Clerk has said they can't honor the Judge's Order. I've also asked DMV for something in writing for the same reason. Neither will provide anything.
I've already tried to Petition the Circuit Court separate from the original Judgment to request a Restricted License on the merits, but the Judge refused to hear the case based on another round of the Clerk's feedback from DMV saying NO H&R is qualified for the priviledge.
I understand that DMV decisions take precedense over Court Orders in Virginia. The question now, is how to appeal a DMV's recommendation to the Court that is not documented as an official Decision????
Meanwhile, DMV's website also does not list Misdemeanor H&R as one of the offenses eligible for Restricted. I've asked the Circuit Court for something in writing to use as the basis of an Appeal, since the Clerk has said they can't honor the Judge's Order. I've also asked DMV for something in writing for the same reason. Neither will provide anything.
I've already tried to Petition the Circuit Court separate from the original Judgment to request a Restricted License on the merits, but the Judge refused to hear the case based on another round of the Clerk's feedback from DMV saying NO H&R is qualified for the priviledge.
I understand that DMV decisions take precedense over Court Orders in Virginia. The question now, is how to appeal a DMV's recommendation to the Court that is not documented as an official Decision????
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