Driver's License Suspensions Will Be Restored July 1, 2019

On April 3, 2019, the Senate of Virginia officially passed the driver's license suspension repeal.  As of July 1, 2019, approximately 613,000 drivers whose licenses were once suspended for failure to pay court costs will have the option to drive again.  Virginia courts will no longer be permitted to suspend driving privileges for failure to pay court fines and court costs and currently suspended drivers will have their privilege to drive automatically restored without the need to pay the $145 reinstatement fee.  The new law will not result in a refund of any reinstatement fee which has been previously paid.  Drivers will still be responsible for non-payment of tolls.  Court fines and court costs will still need to be paid, although it will no longer affect one's privilege to drive.

Drivers should look to their Compliance Summary located on their DMV account for guidance on where exactly they stand regarding the status of their license.

Virginia Residents

• Update your mailing address with the DMV as soon as possible.
• If your license has expired or you do not have your physical license, you will have to obtain a replacement driver's license or renew your license and will be required to pay the usual driver's license issue fee ($20 for a replacement or $32 for an eight-year revewal, an additional $10 for REAL ID).  
• Proof of permanent legal presence in the United States (i.e. birth certificate, U.S. Passport, legal permanent resident card) will be required.

Virginia Non-Residents

• No action is necessary if your driving privilege was suspended only due to failure to pay court fines and costs.
• Suspensions due to the failure to pay court fines and costs will no longer be visible to other states' driver licensing agencies on/after July 1.

If there is any confusion regarding what a resident or non-resident driver needs to do in order to legally drive, they should contact an attorney promptly to avoid any further law violations..

The Guardian Ad Litem & Protection of Educational Rights

Students with special education needs often find themselves in the Juvenile & Domestic Relations District Court.  Some of those students are afforded the benefit of a Guardian Ad Litem, which is a competent attorney appointed to represent the best interest of the minor child who is the subject of a matter in the JDR Court.  GALs are often appointed in custody/visitation, delinquency and dependency matters.  A GAL can be beneficial for making recommendations to the court on what is the best outcome for the child, informing the court of the child’s home life, and advancing the child’s educational rights.

Oftentimes, the educational rights are not advanced because the parties involved are not familiar with the laws providing for those rights.  Students with special education needs are protected under the Individuals with Disabilities Education Act (IDEA); the Rehabilitation Act of 1973 § 504; and/or Americans with Disabilities Act of 1990, Title II.  Children with special education needs who are not provided with a GAL are at a great risk of losing their right to compensation for being denied a free appropriate public education.  However, those children who have complex educational needs could benefit from having a Guardian Ad Litem advocate on their behalf.  

When acting as a GAL, the lawyer should learn about the child’s educational history, discuss the education goals with the child and pursue those goals at school meetings and through other communication with school personnel.  It is particularly important for the GAL to ensure that a child with special education needs is provided with the appropriate services at the school through implementation of the Individualized Education Plan or the 504 Plan and pursuance of the other educational rights under federal law and state law.

If your child is not provided with a GAL and you believe they need one to advance their educational rights, you can ask the court to appoint one.  You can also hire counsel to advance your rights as a parent of a minor child to ensure you get the full benefit of your child’s educational rights. 

To learn more about GALs in Virginia, visit:  http://www.courts.state.va.us/courtadmin/aoc/cip/programs/gal/home.html.