SUSPENDED DRIVERS COULD ASK COURT FOR PROVISIONAL PRIVILEGES

(01/31/2008)
Bills are pending in the state Legislature that would allow people whose driver's licenses have been suspended to petition a judge for permission to return to driving.

The bills would limit the person's travels, but Department of Motor Vehicles officials said people whose licenses have been suspended for any reason - including drunken driving - would be eligible to apply.

"I think the significance of the bill is that it allows people to remain contributing members of society," said Delegate David Perry, D-Fayette, who is sponsoring the bill.

"It could be a good thing," Sen. Shirley Love said. "If it works, it could get a lot of people back into society."

Steve Dale, deputy commissioner for the state Division of Motor Vehicles, said the agency knew nothing of the committee's plans to introduce the bill, according to the Charleston Daily Mail.

A person whose driver's license is suspended for any reason can petition either a magistrate or a circuit court judge for a provisional license, with the petitioner paying all court costs.

The driver has to be able to prove that not having a license is a serious detriment to job or education.

Also, that transportation is necessary for them to participate in court-ordered substance abuse treatment, probation, community service, or that they have to drive to obtain treatment for serious medical problems for themselves or family members.

The petitioner can then only drive to and from the destinations specified in the bill.

The legislation is pending before the Senate and House transportation committees, but public opinion is generally against such restoration.