H. B. 2273
(By Delegates Beane and L. White)
[Introduced February 25, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article three, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the suspension
of an operator's or chauffeur's license.
Be it enacted by the Legislature of West Virginia:
That section six, article three, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-6. Authority of department to suspend or revoke license;
hearing.
The department is hereby authorized to suspend the license
of an operator or chauffeur without preliminary hearing upon a
showing by its records or other sufficient evidence that the
licensee:
(1) Has committed an offense for which mandatory revocation
of license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor
vehicle, caused or contributed to an accident resulting in the
death or personal injury of another or property damage;
(3) Has been convicted with such frequency of serious
offenses against traffic regulations governing the movement of
vehicles as to indicate a disrespect for traffic laws and a
disregard for the safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor
vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has permitted an unlawful or fraudulent use of such
license;
(7) Has committed an offense in another state which if
committed in this state would be a ground for suspension or
revocation;
(8) Has failed to pay or has defaulted on a plan for the
payment of all costs, fines, forfeitures or penalties imposed by
a magistrate court or municipal court within ninety days, as
required by section two-a, article three, chapter fifty or
section two-a, article ten, chapter eight of this code;
(9) Has failed to appear or otherwise respond before a
magistrate court or municipal court when charged with a motor
vehicle violation as defined in section three-a, article three,
chapter seventeen-b of this code; or
(10) Is under the age of eighteen and has withdrawn either
voluntarily or involuntarily from a secondary school, as providedin section eleven, article eight, chapter eighteen of this code;
or
(11) Has failed to pay fines and court costs or has
defaulted on a plan to pay all fines and court costs imposed by
any circuit court in this state for criminal offenses other than
traffic offenses. The licensee shall be entitled to the return
of the license upon proof that all fines and court costs have
been fully paid.
The operator's or chauffeur's license of any person having
his or her license suspended shall be reinstated if:
(A) The license was suspended under the provisions of
subdivision (8) of this section and the payment of costs, fines,
forfeitures or penalties imposed by the applicable court has been
made; or
(B) The license was suspended under the provisions of
subdivision (9) of this section, and the person having his or her
license suspended has appeared in court and has prevailed against
the motor vehicle violations charged, or such person has paid any
and all costs, fines, forfeitures or penalties imposed by the
applicable court.
Any reinstatement of a license under paragraph (A) or (B) of
this subdivision shall be subject to a reinstatement fee
designated in section nine of this article.
Upon suspending the license of any person as hereinbefore in
this section authorized, the department shall immediately notify
the licensee in writing, sent by certified mail, return receiptrequested, to the address given by the licensee in applying for
license, and upon his request shall afford him an opportunity for
a hearing as early as practical within not to exceed twenty days
after receipt of such request in the county wherein the licensee
resides unless the department and the licensee agree that such
hearing may be held in some other county. Upon such hearing the
commissioner or his duly authorized agent may administer oaths
and may issue subpoenas for the attendance of witnesses and the
production of relevant books and papers and may require a
reexamination of the licensee. Upon such hearing the department
shall either rescind its order of suspension or, good cause
appearing therefor, may extend the suspension of such license or
revoke such license.
The purpose of this bill is to provide for the suspension of
driving privileges for persons not paying fines and court costs
imposed for nontraffic offenses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.