Eluding Police James Virginia Lawyer Previous Conviction Double Jeopardy
Ibrahim v. Commonwealth
Defendant appealed the decision of the Circuit court which convicted him of operation of a motor vehicle after having been adjudged an habitual offender.
- Whether defendant’s misdemeanor driving convictions barred prosecution of the habitual offender charge?
Defendant was convicted in the city district court of two misdemeanors: failure to stop and attempt to elude police, and reckless driving. Charges of driving under the influence and refusal to take a blood or breath test were nolle prossed. A felony charge of operating a motor vehicle after having been adjudged an habitual offender was certified to the grand jury, which indicted defendant on the charge. Defendant did not appeal his misdemeanor convictions. The trial judge in the circuit court overruled defendant’s contention that his misdemeanor driving convictions barred prosecution of the habitual offender charge. The circuit court found defendant guilty of operation of a motor vehicle after having been adjudged an habitual offender. On appeal, defendant asserted that previous convictions for reckless driving and for failing to stop and attempting to elude a police officer barred the habitual offender charge on double jeopardy grounds. The court affirmed because the fact that the two prosecutions involved the element of driving was not enough to invoke double jeopardy.
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Article written by A Sris
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