Danny Marshall Sets The Record Straight

Yesterday, SouthsideCentral published an article blasting Carolyn Laviscount Tanner for her R&B letter to the editor. She said that she believed that Delegate Danny Marshall doesn’t like black people. That’s because he wouldn’t help her working towards getting restricted drivers’ licenses available to people on Virginia’s First Offender program.

Last night, Danny Marshall wrote his own letter in rebuttal and SouthsideCentral is glad to publish it in its entirety for you to read.

Again, this is from Danny Marshall.

A Second Chance for Some First Offenders – Setting the Record Straight

It is important to correct some misinformation that was recently printed and may cause some of our constituents to miss out on employment opportunities. On June 1st, a letter to the Editor appeared in the Danville Register & Bee. The writer was Carolyn LaViscount Tanner.

Over the years Carolyn has contacted our office many times on many topics and we have tried to respond and help whenever possible. She stated in her letter that she had “tried for the last 2 years” to convince me to put in particular legislation. Our records do not agree. Let’s set the record straight.

The topic of her letter was the First Offender Program and the loss of driving privilege. When she contacted us about this topic during the 2016 Legislative Session, I explained that it was already past all deadlines and too late to put in any kind of legislation — if any was needed. We checked.

There does not need to be legislation, because the relief is already in the law –in the Code of Virginia. An offender CAN already be granted a restricted driver’s license to go to work and to attend the required probationary programs.

Under the First Offender Program where a person is facing a first conviction on a charge of possession of drugs, the Judge can give the accused person the option of a period of probation with certain requirements:

Virginia Code § 18.2-259. (Paragraph 4)
As a condition of probation, the court shall require the accused (i) to successfully complete treatment or education program or services, (ii) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (iii) to make reasonable efforts to secure and maintain employment, and (iv) to comply with a plan of at least 100 hours of community service for a felony and up to 24 hours of community service for a misdemeanor.

The tremendous benefit of this program is that upon successful completion of the probation requirements, the person is basically forgiven without having an offense on the record. However, if there is an infringement of probation or the accused does not complete the requirements of the program or the person commits a second offense, the conviction will be recorded.

It is very important to correct the misconception about the driving. While the person’s “full” driving privileges are taken away for 6 months, the court can direct DMV to issue a restricted license so that the person can go independently to work and attend the required probationary meetings and community service.

Virginia Code § 18.2-259.1.
Section C. In those cases where the court determines there are compelling circumstances warranting an exception, the court may provide that any individual be issued a restricted license to operate a motor vehicle for any of the purposes set forth in subsection E of § 18.2-271.1.

We will note that juvenile offenders are treated more strictly and can only drive on a restricted basis if they present a valid case of hardship to the judge. The courts have the power to make the decision.

While there have been attempts by some legislators to put in bills to soften the law, such as dialing back on possession of marijuana, those bills do not pass. One basic reason is that under Federal Code, if Virginia removes these restrictions, the Commonwealth could lose federal highway dollars.

There are consequences to breaking the law. The First Offender Program gives a second chance to keep that first mistake off the record, if the person takes responsibility and in good faith works to improve or change habits. It encourages work as a part of the program and allows the offender, with court approval, to drive to that job. If you find someone in that situation, tell him or her to ask the judge for the restricted license. After 6 months of compliance, full driving privileges are restored.