DUI Virginia Suspended License Habitual Offender Lawyers Bath County

DUI Virginia Suspended License Habitual Offender Lawyers Bath County

Hardy v. Commonwealth
Facts:

Defendant sought review of a judgment from the Circuit Court of Bath County (Virginia), which convicted him of being an habitual offender under the Virginia Habitual Offender Act, Va. Code Ann. §§ 46.1-387.1 to 46.1-387.12, based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license.

DUI Virginia Suspended License Habitual Offender Lawyers Bath County

DUI Virginia Suspended License Habitual Offender Lawyers

Issue:

Whether the two subsequent convictions, having resulted from offenses occurring at the same time, arose “out of separate acts” within the meaning of Code § 46.1-387.2 and thereby constitute defendant an habitual offender?

Discussion:

Defendant was convicted of being an habitual offender under the Virginia Habitual Offender Act, which was based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license. On appeal, defendant argued that his convictions for driving under the influence and driving on a suspended license arose out of but one act of driving and did not, therefore, result from “separate acts” as contemplated by the Act. The court affirmed the judgment, holding that because defendant could have been convicted of driving under the influence without evidence of the suspension of his driver’s license and he could have been convicted of driving on a suspended license without evidence of his intoxication, the act of driving an automobile on one occasion could give rise to several acts and offenses under the Act. The court further held that it was not the same act that gave rise to each violation of the two statutes under which defendant was convicted. The court affirmed the judgment.

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Article written by A Sris

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Disclaimer:

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.