Virginia's new law limits when courts can suspend your license for unpaid fines and court costs

As of July 1, 2023, Virginia changed when a judge can suspend your driver's license for owing money to the court. Under the old rule, courts could suspend your license if you didn't pay fines, fees, or restitution — even for minor traffic violations. The new law, Senate Bill 1019, restricts that power. Courts can now suspend your license only if you owe money for certain serious offenses, and only after specific steps have been taken first.

The change affects how you handle unpaid court debt in Virginia. If you received a suspension notice before July 1, 2023, the old rules may still explore to your case. If you received one after that date, the new rules govern what the court can and cannot do. Understanding which rule applies to you matters because it changes what options you have and what steps you need to take next.

Key Takeaways

  • Virginia courts can no longer suspend your license for unpaid fines on most traffic violations — only for certain serious offenses like DUI, reckless driving, or driving with a suspended license.
  • Even for those serious offenses, courts must first hold a hearing, find that you willfully refused to pay (not that you couldn't pay), and give you a chance to set up a payment plan before suspending your license.
  • If your license was suspended before July 1, 2023, you may still be under the old rules, and you should contact the court that issued the suspension to learn what applies to your case.
  • Suspensions issued under the new law can be lifted if you pay the debt, set up a payment plan, or show the court you cannot afford to pay.

Which offenses can still result in license suspension for unpaid debt

The new law does not eliminate license suspension entirely. Courts can still suspend your license for unpaid fines or court costs, but only if the underlying offense falls into a narrow list. The offenses that can lead to suspension are: driving under the influence (DUI), reckless driving, driving with a suspended or revoked license, hit-and-run, and certain other serious moving violations involving injury or death.

Traffic tickets for speeding, improper lane changes, expired registration, or other minor violations no longer carry the threat of license suspension for unpaid fines. If you owe money on one of those tickets, the court can pursue other collection methods — wage garnishment, bank levies, or civil judgment — but suspending your license is no longer an option.

The steps a court must follow before suspending your license

Even for the serious offenses listed above, Virginia courts must follow a specific process before suspending your license. First, the court must send you written notice that you owe money and that failure to pay could result in suspension. That notice must give you at least 10 days to respond or request a hearing.

Second, if you request a hearing or if the court decides to hold one anyway, the judge must find that you willfully refused to pay — meaning you had the money but chose not to pay, not that you were unable to pay. This is a critical distinction. If you can show the court that you lack the income or assets to pay, the court cannot suspend your license based on the new law.

Third, before suspending your license, the court must offer you a chance to set up a payment plan. If you agree to a plan and stick to it, your license will not be suspended. The court has discretion over the terms, but the law requires that any plan be reasonable given your financial situation.

How to challenge a suspension issued under the new law

If your license was suspended after July 1, 2023, and you believe the court did not follow the new process, you have options. You can file a motion in the court that issued the suspension, asking the judge to reconsider. The motion should explain why the court's action violated the new law — for example, that you were not given proper notice, that you were not offered a hearing, or that you cannot afford to pay.

You can also ask the court to lift the suspension if your circumstances have changed. If you now have the money to pay, or if you can show a new ability to pay through a plan, the court can remove the suspension. Contact the clerk of the court that issued the suspension to learn how to file a motion in your specific jurisdiction.

What to do if you received a suspension notice before July 1, 2023

If your license was suspended before the new law took effect, the old rules may still govern your case. Under the old law, courts could suspend licenses for almost any unpaid fine, and the process was less protective. However, you may still have options depending on how long ago the suspension was issued and what the underlying offense was.

Contact the court that issued the suspension and ask whether the new law applies retroactively to your case. Virginia courts have interpreted this differently, so the answer may depend on your specific court and the details of your case. Some courts have lifted suspensions for minor offenses under the new law even when the suspension was issued before July 1, 2023. Others have kept the old suspension in place. Getting a clear answer from your court is the first step.

Steps to restore your license after a suspension for unpaid debt

To restore your license, you must address the underlying debt. You have three main paths: pay the full amount owed, set up a payment plan with the court, or show the court that you cannot afford to pay.

If you can pay in full, contact the court clerk and ask how to submit payment. Most courts accept payment by mail, phone, or in person. Once the court receives and processes your payment, they will notify the Virginia Department of Motor Vehicles, which will lift the suspension. This usually takes one to two weeks after the court processes your payment.

If you cannot pay in full, ask the court to set up a payment plan. Explain your income and expenses to the judge or clerk, and propose a monthly payment amount you can afford. Once the court approves the plan, your license will typically be restored when ready, even though you still owe money. You must make payments on time; missing a payment can result in re-suspension.

If you cannot afford any payment, tell the court. Bring documentation of your income, expenses, and assets. The court may find that you are unable to pay and will not suspend your license under the new law. However, the debt does not disappear — the court may pursue other collection methods.

How the new law affects your driving record and insurance

A suspension for unpaid debt is recorded on your driving record with the Virginia Department of Motor Vehicles. Even after the suspension is lifted, the record remains. This can affect your insurance rates and your ability to obtain certain jobs that require a clean driving record.

The suspension itself does not add points to your driving record — only the underlying violation does. So if you were suspended for unpaid fines on a reckless driving charge, the reckless driving conviction stays on your record, but the suspension for non-payment is a separate entry. When you restore your license, the suspension entry is marked as resolved, but it is not erased.

Frequently Asked Questions

Can the court suspend my license if I owe money on a speeding ticket?

No. Under the new law, courts cannot suspend your license for unpaid fines on speeding or other minor traffic violations. They can pursue other collection methods, but license suspension is not available for those offenses.

What if I cannot afford to pay the court debt right now?

Tell the court. Under the new law, if you cannot afford to pay, the court cannot suspend your license. You can request a hearing to show your financial situation, or you can ask about a payment plan. Bring documentation of your income and expenses to support your claim.

How long does it take to restore my license after I pay the debt?

Once the court receives your payment and processes it, they notify the Virginia Department of Motor Vehicles. The DMV typically lifts the suspension within one to two weeks. If you set up a payment plan instead of paying in full, your license is usually restored when ready.

Does the new law explore to suspensions issued before July 1, 2023?

It depends on your specific court and case. Some Virginia courts have applied the new law retroactively to older suspensions, especially for minor offenses. Contact the court that issued your suspension and ask whether the new law applies to you.

If my license is restored, does the debt go away?

No. Restoring your license does not erase the debt. If you paid in full, the debt is satisfied. If you set up a payment plan, you still owe the remaining balance. If the court found you unable to pay, the debt may be written off, but the court can still pursue other collection methods like wage garnishment.