My husband lost his license due to an accident w/no insurancein Virginia. License has been suspended but was caught driving on suspended license. DMW classified him as habitual offender. Judge for accident put him on probation and told him it was okay for him to get his license but DMV won't give license back because court must be petioned. We don't know how to petition the court... we have copies of everything and all fees and fines have been paid. We saw a lawyer and asked but he would not help us unless we paid him $950. He said there were 3 magic words but that was considered free legal advice and he would not help us. Does anyone know how we should proceed??

Sorry but there is no free ride for this petitioning. You will need a lawyer to file the petition for you.

Filing fee- $79.00 for each petition Service fee - $12.00 for service on DMV $12.00 for service on Commonwealth Attorney's Office What must be filed? • Petition for Restoration setting forth the legal basis for restoration: An original and 2 copies of the Petition must be filed. Petitions are available in the Clerk's Office or may be accessed on the internet at Circuit Court Forms. If you have been adjudicated as a Habitual Offender, you must submit: Petition for Restoration of Driving Privilege (Habitual Offender) - Form CC1465(B) If you are a habitual offender & you have been convicted of Driving While Intoxicated – Third Offense, you must submit: Petition for Restoration of Driving Privilege (Habitual Offender) - Form CC1465(B) Petition for Restoration of Driving Privilege (Third Offense) – Form CC1470 If you are NOT a habitual offender, but have been convicted Driving While Intoxicated – Third Offense, you must submit: Petition for Restoration of Driving Privilege (Third Offense) – Form CC1470
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RESTORATION FOR FINES AND COSTS ONLY In case a wherein the petitioner's predicates do not include DUI's or conviction while under “court ordered suspension/supervision”, but Habitual Offender status is based SOLELY on non-payment of court cost and fines, the petitioner shall be granted full restoration once all fines and costs are paid. Prior to the Petitioner's trial date it is important for the petitioner to obtain a compliance summary from DMV. The compliance summary shows the Court and Commonwealth that all outstanding costs and fines have been paid in full. NOTE: JUDGMENT LIENS ARE NOT THE SAME AS OUTSTANDING COURTCOST AND FINES.DUI RESTORATIONIf you are filing a Petition based on having been convicted of Driving While Intoxicated – Third Offense, or if your Habitual Offender determination was based at least in part on an offense of Driving While Intoxicated, you must obtain a Virginia Alcohol Safety Action Program (VASAP) evaluation. If the evaluation report is unavailable at the timeof filing, the report must be submitted to the court at least ten days prior to the hearing date. The evaluation must be dated no earlier than ninety (90) days before the hearing date. To obtain a VASAP evaluation, you must contact: Judy Cole Chesapeake Bay ASAP 868 N. Newtown Road Virginia Beach VA(757) 552-1800 A petitioner shall wait five years from his/her adjudication/determination for restoration of full driving privileges when Habitual Offender status is based on one or two DUI offenses. The petitioner may be granted a restricted license after three years AND upon completion of an evaluation AND recommendation from Chesapeake Bay ASAP (46.2-360, 361 and 391). Before a petition for a restricted license or full restoration shall be granted, Chesapeake Bay ASAP MUST evaluate a petitioner and prepare a recommendation to be submitted to the Court (46.2-360, 361, and 390)
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ONCE PETITIONER IS GRANTED A RESTRICTED LICENSE HE/SHE MUST FULLY COMPLY WITH ALL ASAP REQUIREMENTS, INCLUDING, BUT, NOT LIMITED TO ABSTINENCE FROM ALCOHOL/DRUGS, IN ORDER TO MAINTAIN THEIR RESTRICTED DRIVING Privilege. NON-COMPLAINCESHALL RESULT IN THE COMMONWEALTH Immediately RECOMMENDING THAT THE PETITION BE DISMISSED.Petitioner MUST have all court cost and fines paid in order to obtain his/her driving privileges whether full or restricted. SCHEDULING A HEARING If the petition is hand delivered to the Clerk's Office, the hearing date will be assigned to the petitioner at the time the petition is filed. The hearing date will be approximately 45 days from the date of the filing of the petition. If the petition is mailed to the Clerk's Office, the hearing date will be assigned and the petitioner notified by mail. If the Court grants a restricted license, the Judge will sign the Order granting the restricted license and the Clerk's Office will prepare the Restricted License Form. The completed Restricted License will then be submitted to the Judge that granted the petition for signature.

mr.yet... thank you so much... I found this document online as well... don't know why I didn't think to search for this magic information online! You're fabulous and I hope you have a wonderful day!

So what your saying is that are civil rights are based on money if you don't have money then you don't have civil rights. Here is a link to DMV website that proves this. Commonwealth of Virginia Department of Motor Vehicles

Mr yet on those petitions they ask for a case number which you of course don't have until granted your court case, so what do you put under the section asking for a case number?

Once my driving rights are restored from habitual offender and get caught driving

OK, can anyone help me crack this case? I am a MD resident, but was living in VA when my license was revoked due to a DWI. Its been 5 yrs and I can petition according to the DMV Compliance summary in any VA County Circuit Court since I am out-of-state resident. I petitioned the first time around in the County I used to live in (FFX), but got a negative recommendation because the probation officer had an attitude and treated me like a criminal. Needless to say, that translated to a bad result in front of the FFX Circuit Court judge. If I go to Arlington ASAP to get a second evaluation, will they access/use my old FFX evaluation? In the same vein, if I go to Arlington Circuit Court, will the judge use the verdict of the FFX County Circuit Court judg?? I've asked many local DWI attorneys and they skip and beat around the bush when giving me a response, but don't want to give me an accurate/truthful answer. If there are some REAL people out there who can answer this question trutfully, I would be very grateful.

John