A Habitual Offender declaration is a declaration for an individual who has received 3 or more major convictions or 12 minor convictions within a 10 year period. The law was actually revoked in July of 1999. However, those individuals who were declared habitual offenders prior to July, 1999 are prohibited from driving until their license is reinstated. After expiration of the required statutory period, a person declared to be a Habitual Offender may petition the Circuit Court to obtain a restricted permit or full privileges.
To determine if you are eligible, you will need to obtain from the Division of Motor Vehicles:
- A DMV Transcript
- A DMV Compliance Summary
Filing Fee: $108.00 (this fee includes the service fees for the Sheriff to serve the Commonwealth Attorney and the Division of Motor Vehicles)
*Please note: If your petition is not approved for any reason, all fees and costs related to this petition will not be refunded.
In addition this office cannot provide any assistance or legal advice. The Petitioner is responsible for making sure that all documents have been completed and the documents are filed in the proper jurisdiction. If you are not comfortable completing this petition, please contact an attorney. The Virginia Legal Aid Society may or may not be able to assist you at 1-888-799-3550.
Where to Petition
If a Circuit Court declared you a habitual offender, you may file your petition either in the Circuit Court that classified you a habitual offender or in the Circuit Court in the locality where you live,
If the Division of Motor Vehicles declared you a habitual offender, you must petition the Circuit Court in the locality where you live. Out of state residence may petition at any Circuit Court.
Original Petition for Habitual Offender Form, additional forms necessary can be obtained from the Clerk's Office.
DMV transcript and DMV compliance summary (both must be presented at the time of filing)
Two additional copies of all forms. These will be served by the Sherriff on the Commonwealth Attorney and the Division of Motor Vehicles. The Division of Motor Vehicles will advise the Commonwealth Attorney and the Court about your eligibility to have your driving privileges restored either on a restricted or full basis.
When your petition is filed, the Court will set a hearing date. If any offenses classifying you as a Habitual Offender where alcohol-related, you must be evaluated by Dan River VASAP. A hearing will be set approximately 90 days after you file your petition to allow the evaluation to be completed and returned to the Court. When you receive the Court Order signed by the Judge directing you to be evaluated by VASAP, you will be responsible for calling them at 276-632-6303 to schedule an appointment. They are located at 135 E Market Street, Martinsville, VA 24112. If you did not have any alcohol related offenses and you do not need to be evaluated by VASAP, your hearing date will be set in approximately 45 days.
If the Court grants your petition, you must comply with all DMV and/or VASAP requirements. In addition, if there are alcohol related convictions, the Court may order installation of an ignition interlock device while driving with restrictions. Information received from the Commonwealth Attorney and VASAP will be evaluated by the Judge. If a restricted permit is granted, the Court will set a review date at the expiration of your restricted permit. The Court will either grant full driving privileges at this time or deny the request.