Commonwealth of Virginia, DMV v. Arthles H. Lynn

BENTON, Judge.

The issue presented in this appeal is whether the trial judge possessed authority pursuant to Code § 46.2-361(B) to order the restoration of a driver’s license to Arthles Hasker Lynn, an habitual offender. Because several convictions which led to the habitual offender determination were based, in part, on suspensions not specified in Code § 46.2-361(0, we hold that the trial judge lacked authority to order the restoration of Lynn’s driver’s license.

I

Acting pursuant to the authority granted in Code § 46.2-352, the Commissioner of the Department of Motor Vehicles reviewed the…