Robert Ryan Grasty v. Commonwealth of Virginia
68 Va. App. 232
| Va. Ct. App. | 2017Background
- On April 17, 2015 Grasty, driving a pickup with commercial waterman plates, was involved in a two-vehicle accident in Newport News.
- Officer Scott discovered Grasty did not have a valid driver’s license; DMV records showed an indefinite suspension and prior suspensions/convictions.
- Grasty claimed he was exempt from the licensing requirement under the commercial fisherman exemptions in Code §§ 46.2-300, 46.2-303, and 46.2-674 because he was transporting seafood within the statutory 50-mile limit.
- Officer issued a summons charging Grasty with a third-or-subsequent offense of driving on a suspended or revoked license (Code § 46.2-301(B)).
- At a bench trial the circuit court admitted DMV records, found Grasty had notice of the suspension, rejected the exemption defense, convicted him, and later sentenced him after Grasty failed to obtain a valid license.
- Grasty appealed, arguing that the commercial fisherman exemption negated the effect of his license suspension for the covered activity.
Issues
| Issue | Plaintiff's Argument (Grasty) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether a statutory exemption from the driver’s license requirement for commercial fishermen allows driving while one’s driving privilege is suspended | Exemption in §§ 46.2-300, 46.2-303, and 46.2-674 means Grasty did not need a license to drive his commercial fisherman vehicle, so suspension should not bar him | Code § 46.2-301(B) suspends or revokes the privilege to drive for anyone except the specific exceptions listed in that statute; suspension bars driving regardless of licensing-exemption status | The court held the suspension of Grasty’s privilege to drive barred him from operating any motor vehicle on Commonwealth highways, even if he otherwise qualified for the commercial fisherman licensing exemption; conviction affirmed |
Key Cases Cited
- Triplett v. Commonwealth, 212 Va. 649 (1972) (holding habitual-offender suspension barred operation of any motor vehicle on the highways despite claimed exemption for "farm use")