COURT OF APPEALS OF VIRGINIA


Present:  Judges Bray, Bumgardner and Senior Judge Hodges
Argued at Chesapeake, Virginia


COMMONWEALTH OF VIRGINIA/
 DEPARTMENT OF MOTOR VEHICLES
			MEMORANDUM OPINION* BY
v.	Record No. 1248-00-2	JUDGE RUDOLPH BUMGARDNER, III
								   APRIL 17, 2001
LLOYD WAYNE TAYLOR


	FROM THE CIRCUIT COURT OF HENRICO COUNTY
George F. Tidey, Judge

		Eric K. G. Fiske, Assistant Attorney General 
(Mark L. Earley, Attorney General, on 
briefs), for appellant.

		(Andrea C. Long; Boone, Beale, Crosby & Long, 
on brief), for appellee.



	The Commonwealth of Virginia/Department of Motor Vehicles 
appeals the decision of the trial court reinstating Lloyd Wayne 
Taylor's driver's license.  For the following reasons, we 
reverse.  
	The Department of Motor Vehicles suspended Taylor's 
driver's license for failing to attend a Driver Improvement 
Clinic.  Code  46.2-503.  Subsequently, he was convicted three 
times for driving while under that suspension.  The Department 
declared him an habitual offender based on those three 
convictions and revoked his driver's license April 25, 1997. 
	Taylor petitioned for reinstatement of his license pursuant 
to Code  46.2-361(B).   He alleged the basis for his habitual 
offender status was failure to pay fines, court costs, and 
reinstatement fees.  The Commonwealth moved to dismiss the 
petition because the defendant's convictions did not satisfy the 
requirements of Code  46.2-361(B).  The trial court reinstated 
Taylor's license May 2, 2000.
A petitioner has the burden of proving he meets the 
statutory conditions for restoration.  If any one of the 
predicate convictions does not meet the requirements of Code 
 46.2-361(C),  the petitioner is not entitled to restoration of 
his driver's license.  Commonwealth v. Brown, 28 Va. App. 781, 
786, 508 S.E.2d 916, 919 (1999).  
Taylor's convictions for driving on a suspended license 
were based on a suspension under Code  46.2-503.  They do not 
satisfy the second criteria of Code  46.2-361(C).  The 
petitioner did not meet the requirements of Code  46.2-361.  
Accordingly, we reverse the order restoring Taylor's driving 
privileges and dismiss his petition.  
Reversed and dismissed.

* Pursuant to Code  17.1-413, this opinion is not 
designated for publication. 
  Code  46.2-361(B).  Any person who has been found to be 
an habitual offender, where the determination or adjudication 
was based entirely upon a combination of convictions of 
 46.2-707 and convictions as set out in subdivision 1 c of 
former  46.2-351, may, after payment in full of all outstanding 
fines, costs and judgments relating to his determination, and 
furnishing proof of (i) financial responsibility and (ii) 
compliance with the provisions of Article 8 ( 46.2-705 et seq.) 
of Chapter 6 of this title or both, if applicable, petition the 
court in which he was found to be an habitual offender, or the 
circuit court in the political subdivision in which he then 
resides, for restoration of his privilege to drive a motor 
vehicle in the Commonwealth. 

  Code  46.2-361(C).  This section shall apply only where 
the conviction or convictions as set out in subdivision 1 c of 
former  46.2-351 resulted from a suspension or revocation 
ordered pursuant to (i)  46.2-395 for failure to pay fines and 
costs, (ii)  46.2-459 for failure to furnish proof of financial 
responsibility, or (iii)  46.2-417 for failure to satisfy a 
judgment, provided the judgment has been paid in full prior to 
the time of filing the petition or was a conviction under 
 46.2-302 or former  46.1-351.