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Habitual Offender

A person is guilty of operating a vehicle while a habitual offender if:

  • He has previously been determined or adjudicated an habitual offender and
  • drives any motor vehicle or self-propelled machinery or equipment on the highways of the Commonwealth while the revocation of the person’s driving privilege remains in effect.

A first offense habitual offender violation is punished by up to twelve months in jail and/or a $2,500 fine.

  • A second or subsequent habitual offender is punished as a Class 6 felony and carries a mandatory minimum term of incarceration of one year in jail.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-357/

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