DUI Virginia Reckless Driving Suspended Revoked Lawyers Lee County
Coles v. Commonwealth
Defendant sought review of orders from the Circuit Court of Lee County (Virginia), which affirmed the judgment of the trial justice in revoking the suspension of a 60-day jail sentence previously entered against defendant in a case brought by the Commonwealth of Virginia.
- Whether the judgment of the circuit court affirming the judgment of the trial justice in revoking the suspension of a 60-day jail sentence entered against defendant should be reversed?
Defendant was convicted of driving while under the influence of intoxicating liquor. The conviction resulted in the suspension of defendant’s permit to operate an automobile for a year. Defendant subsequently was arrested on a warrant charging him with reckless driving and driving after his operator’s license had been revoked. On appeal, the court held that the reading of the plain language of the statute showed that both the suspension of sentence and the revocation of such suspension were left to the discretion of the trial court. There was no requirement that the suspension could be revoked only upon the conviction of a subsequent criminal offense. However, the sufficiency of the evidence to sustain an order of revocation was a matter within the sound discretion of the trial court. Its finding of fact and judgment thereon were reversible only upon a clear showing of abuse of such discretion. The judgment of the circuit court, which affirmed the judgment of the trial justice in revoking the suspension of sentence, was affirmed. The judgment of the circuit court, which affirmed the judgment of the trial justice in revoking the suspension of a 60-day jail sentence entered against defendant, was affirmed
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Article written by A Sris
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.