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D. Any person convicted of driving a motor vehicle
or any self-propelled machinery or equipment (i) while his
license is revoked pursuant to subsection A or B or (ii) in
violation of the terms of a restricted license issued pursuant
to subsection C shall, provided such revocation was based
on at least one conviction for an offense committed after
July 1, 1999, be punished as follows:
1. If such driving does not of itself endanger the life,
limb, or property of another, such person shall be guilty
of a Class 1 misdemeanor punishable by a minimum, mandatory
term of confinement in jail for no less than ten days which
shall not be suspended except in cases designated in subdivision
2 b (ii) of this subsection.
2. a. If such driving (i) of itself endangers the life, limb,
or property of another or (ii) takes place while such person
is in violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266,
subsection A of § 46.2-341.24, or a substantially similar
law or ordinance of another jurisdiction, irrespective of
whether the driving of itself endangers the life, limb or
property of another and the person has been previously convicted
of a violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266,
subsection A of § 46.2-341.24, or a substantially similar
local ordinance, or law of another jurisdiction, such person
shall be guilty of a felony punishable by confinement in a
state correctional facility for not less than one year nor
more than five years or, in the discretion of the jury or
the court trying the case without a jury, by confinement in
jail for twelve months and no portion of such sentence shall
be suspended.
b. However, (i) if the sentence is more than one year in
a state correctional facility, any portion of such sentence
in excess of one year may be suspended or (ii) in cases wherein
such operation is necessitated in situations of apparent extreme
emergency which require such operation to save life or limb,
said sentence, or any part thereof may be suspended.
3. If any such offense of driving is a second or subsequent
violation, such person shall be punished as provided in subdivision
2 of this subsection, irrespective of whether the offense,
of itself, endangers the life, limb, or property of another.
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