Notwithstanding any other provision of § 46.2-391.2, a subsequent dismissal or acquittal of all the charges under § 18.2-36.1, 18.2-51.4, 18.2-266, or 18.2-268.3, or any similar ordinances, or § 46.2-341.24 or 46.2-341.26:3 for the same offense for which a person's driver's license or privilege to operate a motor vehicle was suspended under § 46.2-391.2 shall result in the immediate rescission of the suspension. In any such case, the clerk of the court shall forthwith (i) return the suspended license, if any, to the person unless the license has been otherwise suspended or revoked; (ii) deliver to the person a notice that the suspension under § 46.2-391.2 has been rescinded; and (iii) forward to the Commissioner a copy of the notice that the suspension under § 46.2-391.2 has been rescinded.
Va. Code Ann. § 46.2-391.4
When suspension to be rescinded
Applied in 2 court decisions — leading case 21 Va. App. 200 - Tench v. Commonwealth (1995)
Most recently applied in 21 Va. App. 200 - Tench v. Commonwealth (October 1995)
1994, cc. 359, 363; 1997, c. 691; 2005, cc. 757, 840; 2017, c. 623.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.