(a) The Department of Motor Vehicles is hereby authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in the death or personal injury of another or property damage;
(3) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(4) Is a habitually reckless or negligent driver of a motor vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has permitted an unlawful or fraudulent use of such license;
(7) Has committed an offense in another State which if committed in this State would be grounds for suspension or revocation;
(8) Has failed to pay or has defaulted on a plan for the payment of all costs, fines, forfeitures or penalties imposed by the Municipal Court within ninety (90) days, as required by Section 171.22; or
(9) Has failed to appear or otherwise respond before the Municipal Court when charged with a motor vehicle violation as defined in Section 171.22.
(b) The operator's or chauffeur's license of any person having his or her license suspended shall be reinstated if:
(1) The license was suspended under the provisions of subsection (a) (8) hereof and the payment of costs, fines, forfeitures or penalties imposed by the Court has been made; or
(2) The license was suspended under the provisions of subsection (a) (9) hereof and the person having his or her license suspended has appeared in court and has prevailed against the other vehicle violations charged or such person has paid any and all costs, fines, forfeitures or penalties imposed by the Court.
Any reinstatement of a license under subsection (b) hereof shall subject to a reinstatement fee designated in West Virginia Code 17B-3-9.
Upon suspending the license of any person as hereinbefore in this section authorized, the Department shall immediately notify the licensee in writing, sent by certified mail to the address given by the licensee in applying for the license, and upon request shall afford him an opportunity for a hearing as early as practical after receipt of such request in the county wherein the licensee resides unless the Department and the licensee agree that such hearing may be held in some other county. Upon such hearing, the Commissioner or the Commissioner's duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing, the Department shall either rescind into order of suspension or, good cause appearing therefor, may extend the suspension of such licensee or revoke license.
(Ord. 1998-99-07. Passed 11-10-98.)