No person shall drive a motor vehicle on any public street or highway of this municipality at a time when his or her privilege so to do has been lawfully suspended or revoked.
(W. Va. Code § 17B-4-3)
(A) Any person who drives a motor vehicle on any public street or highway of or in the town at a time when his or her privilege to do so has been lawfully suspended or revoked by the State of West Virginia or any other jurisdiction is, for the first offense, guilty of a violation of § 74.10, and, upon conviction thereof, shall be fined not less than $100 nor more than $500; for the second offense, the person is guilty of a violation of § 74.10, and, upon conviction thereof, shall be confined in a county or regional jail for a period of ten days and, in addition to the mandatory jail sentence, shall be fined not less than $100 nor more than $500; for the third or any subsequent offense, the person is guilty of a violation of § 74.10, and, upon conviction thereof, shall be confined in a county or regional jail for a term not to exceed 30 days, and, in addition to the mandatory jail sentence, shall be fined not less than $150 nor more than $500.
(B) Any person who drives a motor vehicle on any public street or highway of or in the town at a time when his or her privilege to do so has been lawfully revoked or driving under the influence of alcohol, controlled substances or other drugs, or for driving while having an alcoholic concentration in his or her blood of eight hundredths of one percent or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, is, for the first offense, guilty of a violation of § 74.10, and, upon conviction thereof, shall be confined in a county or regional jail for a term not to exceed ten days and, in addition to the mandatory jail sentence, shall be fined not less than $100 nor more than $500; for the second offense, the person is guilty of a violation of § 74.10, and, upon conviction thereof, shall be fined in a county or regional jail for a term not to exceed 20 days and in addition to the mandatory jail sentence, shall be fined not less than $500 nor more than $750; for the third or any subsequent offense, the person is guilty of a violation of § 74.10, and, upon conviction thereof, shall be fined in a county or regional jail for a term not to exceed 30 days and, in addition to the mandatory jail sentence, shall be fined not less than $750 nor more than $1,000.
(C) Any person who drives a motor vehicle on any public street or highway of or in the town at a time when his or her privilege to do so has been lawfully suspended for driving while under the age of 21 years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, is guilty of a violation of § 74.10 and, upon conviction thereof, shall be confined in a county or regional jail for 24 hours or shall be fined not less than $50 nor more than $500, or both.
(Res. passed 6-3-2019)