§ 351.99. Penalty.

(a)

Except as otherwise provided in W. Va. Code, § 17B-4-3(b) or (d), any person who drives a motor vehicle on any public highway of this city at a time when his privilege to do so has been lawfully suspended or revoked by this state or any other jurisdiction is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $500.00; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for a period of ten days and, in addition to the mandatory jail sentence, shall be fined not less than $100.00 nor more than $500.00; for the third or any subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for six months and, in addition to the mandatory jail sentence, shall be fined not less than $150.00 nor more than $500.00.

(b)

A record of the conviction of any person under this section upon a charge of driving a vehicle while the license of such person was suspended lawfully shall be sent to the State Division of Motor Vehicles.

(Code 1979, § 21-3-6; Code 1991, § 351.99)