(A) If an owner or driver is convicted under the provisions of this section for the offense of driving above the speed limit on a controlled-access highway or interstate highway of this state, and if the evidence shows that the motor vehicle was being operated at ten mph or less above the speed limit, then notwithstanding the provisions of W. Va. Code § 17B-3-4, a certified abstract of the judgment on the conviction shall not be transmitted to the Division of Motor Vehicles; provided, that the provisions of this division (A) do not apply to the conviction of owners or drivers who have been issued a commercial driver’s license as defined in W. Va. Code Ch. 17E if the offense was committed while operating a commercial vehicle.
(B) If an owner or driver is convicted in another state for the offense of driving above the maximum speed limit on a controlled-access highway or interstate highway, and if the maximum speed limit in the other state is less than the maximum speed limit for a comparable controlled-access highway or interstate highway in this state, and if the evidence shows that the motor vehicle was being operated at ten mph or less above what would be the maximum speed limit for a comparable controlled-access highway or interstate highway in this state, then notwithstanding the provisions of W. Va. Code § 17B-3-4, a certified abstract of the judgment on the conviction shall not be transmitted to the Division of Motor Vehicles, or if transmitted, shall not be recorded by the Division unless, within a reasonable time after conviction, the person convicted has failed to pay all fines and costs imposed by the other state; provided, that the provisions of this division (B) do not apply to the conviction of owners or drivers who have been issued a commercial driver’s license as defined in W. Va. Code Ch. 17E if the offense was committed while operating a commercial vehicle.
(Ord. 8, passed 8-18-2020)
Statutory reference:
Related provisions, see W. Va. Code § 17C-6-1