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In the District of
Columbia, (DC) Driving on a Suspended or Revoked License is one of the
most serious traffic offenses one can receive. This charge carries the
possibility of up to a year in jail and up to $5,000 in fines. The Department of
Motor Vehicles in the District of Columbia, a designated agent of the
Mayor, is given broad authority to suspend or revoke one’s driver's
license “for any cause which [the Department] may deem sufficient.” Suspensions and revocations are
mandatory in cases where there are high accumulated point totals, as well
as in cases of DUI and drug offenses. These suspensions and revocations
can last for 3 months to 2 years.
Suspensions may also occur after 30 days with unpaid and
uncontested traffic tickets.
In the event of a suspension, restricted driving privileges are
possible, but you must first request a
hearing. In the event of a suspension, a DC-licensed driver is given the opportunity to challenge the suspension, but there is typically only a 5 day period in which to do this. The District’s Department of Motor Vehicles will also notify an out-of-state driver’s home state of any suspension arising from an offense in the District, and, given the participation by many states in the Driver’s License Compact, that driver’s home state will suspend the license as well. In those cases, it is important for such a driver to seek review of that decision within 10 days after the order of suspension.
REVOCATION AND SUSPENSION OF
PERMIT 50-1403.01. Revocation or suspension;
new permit after revocation; nonresidents; penalty for operation with
revoked or suspended license 50-1403.02. Revocation and
disqualification of motor vehicle operator's permit. 50-1403.03. Suspension of minor's motor vehicle operator's permit for alcohol violation
§ 50-1403.01. Revocation or suspension;
new permit after revocation; nonresidents; penalty for operation with
revoked or suspended license (a) Except where for any violation of
this subchapter revocation of the operator's permit is mandatory or where
suspension or revocation is mandatory for accumulated point totals
pursuant to Chapter 3 of Title 18 of the District of Columbia Municipal
Regulations, the Mayor or his designated agent may revoke or suspend an
operator's permit for any cause which he or his agent may deem sufficient;
provided, that in each case where a permit is revoked or suspended the
reasons therefor shall be set out in the order of revocation or
suspension; provided further, that such order shall take effect 5 days
after its issuance unless the holder of the permit shall have filed within
such period, written application with the Mayor of the District of
Columbia for a review of his order or the order of his agent, and, if upon
such review, the Mayor shall sustain such order, the same shall become
effective immediately; provided further, that application to said Mayor
for a review shall not operate as a stay of such order of the Mayor or his
agent when the order has been issued revoking or suspending a permit on
account of mental or physical incapacity, for driving while the person's
alcohol concentration is 0.08 grams or more either per 100 milliliters of
blood or per 210 liters of breath or is 0.10 grams or more per 100
milliliters of urine, or while under the influence of intoxicating liquor
or any drug or any combination thereof, or while the ability to operate a
vehicle is impaired by the consumption of intoxicating liquor; for
manslaughter when an automobile is involved, or for operating a motor
vehicle equipped with a smoke screen. (b) In case the operator's permit of
any individual is revoked no new permit shall be issued to such individual
for at least 6 months after the revocation except in the discretion of the
Mayor or his designated agent. (c) The Mayor of the District of
Columbia, or his designated agent, may suspend or revoke the right of any
nonresident person as defined in § 50-1401.02, to operate a motor vehicle
in the District of Columbia, for any cause he or his agent may deem
sufficient, and the proper authority at the place of issuance of the
permit, or other authority to operate a motor vehicle shall be notified of
such suspension and the reason therefor, immediately; provided, that such
order of suspension or revocation shall take effect 10 days after its
issuance, and the same be subject to review and appeal in the manner and
under the same conditions as are provided for such matters in subsection
(a) of this section. (d) Notwithstanding any other provision
of this section, the provisions of the District of Columbia Administrative
Procedure Act (§ 2-501 et seq.) and particularly those of § 2-509, shall
apply to each proceeding, decision, or other administrative action
specified in this subchapter. (e) Any individual found guilty of
operating a motor vehicle in the District during the period for which the
individual's license is revoked or suspended, or for which his right to
operate is suspended or revoked, shall, for each such offense, be fined
not to exceed $5,000 or imprisoned for not more than 1 year, or both.
§ 50-1403.02. Revocation and
disqualification of motor vehicle operator's permit. (a) The Mayor shall revoke, in the
absence of compelling circumstances warranting an exception, the motor
vehicle operator's permit of a District resident or the privilege to
operate a motor vehicle in the District of a nonresident, convicted as a
result of the commission of a drug offense or adjudicated a juvenile
delinquent as a result of the commission of a drug offense. Where the
person is imprisoned as a result of the drug offense, the revocation shall
occur following the person's release from imprisonment. If a person does
not have an operator's permit, or the permit is or has been revoked or
suspended at the time of the conviction of a drug offense, the issuance or
reinstatement of an operator's permit will be delayed for a period of at
least 6 months and not more than 2 years. If a person is convicted for the
commission of a drug offense or adjudicated a delinquent for the
commission of a drug offense before the person is 16 years of age, the
period of disqualification shall not begin to run until the person is 16
years of age. Notification of the conviction or adjudication shall be sent
electronically by the court to the Mayor within one business day of the
conviction or adjudication and shall include the person's name, address,
date of birth, conviction date, driver's license number, if any, social
security number, if any, the offense, and any other information required
by the Mayor to take the action required by this section. The revocation
shall be for not less than six months and not more than 2 years.
(a-1) The Mayor may delay issuance of
an operator's permit by disqualifying anyone not already in possession of
a valid operator's permit when such individual is convicted of or
adjudicated delinquent as a result of: (1) The commission of a stolen vehicle
offense; (2) Operating a motor vehicle without a
permit (§ 50-1401.01(d) - residents; § 50-1401.02(i) -
non-residents); (3) Operating a motor vehicle after
revocation or suspension of an operator's permit (§ 50-1403.01); or
(4) Any felony in the commission of
which a motor vehicle is involved. (a-2) In all cases where a person is
convicted or adjudicated delinquent of any of the offenses set forth in
subsection (a-1) of this section, the disqualification period shall
commence on the later of: (1) The date of conviction or
adjudication if the person is imprisoned or legal custody of the person
has been transferred to a public agency for care of delinquent children as
a result of the conviction or adjudication; (2) The person's 16th birthday if the
conviction or adjudication occurs before the person is 16 years of age; or
(3) The date that a person over 16
years of age becomes eligible to have driving privileges restored if such
privileges have previously been revoked or suspended.
(a-3) The disqualification period
referenced in subsection (a-2) of this section shall, for any offense set
forth in subsection (a-1) of this section, be: (1) Six months for a first time
violation of any offense set forth in subsection (a-1) of this section;
(2) One year for a second violation; or
(3) Two years for each subsequent
violation. (a-4) A copy of the conviction or
adjudication shall be forwarded by the court to the Mayor, along with the
offender's social security number or operator's permit number, together
with a copy of the operator's permit. (b) For the purposes of this section,
the term (1) "Drug offense" means:
(A) The possession, distribution,
manufacture, cultivation, sale, transfer, or the attempt or conspiracy to
possess, distribute, manufacture, cultivate, sell, or transfer any
substance the possession of which is prohibited under 21 U.S.C.S. § 801 et
seq., § 48-901.01 et seq., or the law of any state, territory, or
possession of the United States; or (B) The operation of a motor vehicle
under the influence of such a substance. (2) "Stolen vehicle offense" means:
(A) A theft of a motor vehicle in
violation of § 22-3211; (B) The unauthorized use of a motor
vehicle in violation of § 22-3215; or (C) Trafficking in or receiving a
stolen motor vehicle in violation of § 32-3231 or § 22-3232.
§ 50-1403.03. Suspension of minor's
motor vehicle operator's permit for alcohol violation (a) The Mayor shall suspend the motor
vehicle operator's permit of a person under 21 years of age convicted of
violating, or adjudicated in violation of § 25-130. The suspension shall
be for the duration required by § 25-130. A copy of the conviction or
adjudication shall be forwarded to the Mayor by the court or the
administrative body authorized to adjudicate violations under Chapter 1 of
Title 25. (b) Any person found guilty of
operating a motor vehicle in the District during the period for which the
person's license or privilege is suspended, shall, for each offense, be
fined not more than $1,000, imprisoned for not more than 180 days, or
both.
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