When suspension to be rescinded

Notwithstanding any other provision of § 46.2-391.2 , a subsequent dismissal or acquittal of all the charges under § 18.2-36.1 , 18.2-51.4 , 18.2-266 , or 18.2-268.3 , or any similar ordinances, or § 46.2-341.24 or 46.2-341.26:3 for the same offense for which a person's driver's license or privilege to operate a motor vehicle was suspended under § 46.2-391.2 shall result in the immediate rescission of the suspension. In any such case, the clerk of the court shall forthwith (i) return the suspended license, if any, to the person unless the license has been otherwise suspended or revoked; (ii) deliver to the person a notice that the suspension under § 46.2-391.2 has been rescinded; and (iii) forward to the Commissioner a copy of the notice that the suspension under § 46.2-391.2 has been rescinded.

1994, cc. 359 , 363 ; 1997, c. 691 ; 2005, cc. 757 , 840 ; 2017, c. 623 .