Suspended License Henrico Virginia Lawyer Habitual Offender Evidence
Joseph v. Commonwealth
Appellant driver challenged a judgment from the Circuit Court for the County of Henrico (Virginia) that adjudicated him to be an habitual offender according to Va. Code Ann. § 46.2-351.
- Whether the evidence was sufficient to prove that Appellant had the requisite three convictions to qualify him as an habitual offender?
The Commonwealth filed an information accompanied by a Virginia Department of Motor Vehicle (DMV) certificate and transcript of the driver’s record. The driver was served with an order to show cause why he should not be declared an habitual offender. At the show cause hearing, the Commonwealth introduced the certificate and the transcript, which included a conviction in a city in another state for driving on a revoked or suspended license. The driver contended that the evidence was insufficient to prove that he had the requisite three convictions to qualify him as an habitual offender. The driver asserted that the evidence did not support the circuit court’s finding that he was the same person who was convicted of driving on a revoked or suspended license. The court held that the Commonwealth introduced prima facie evidence that the driver was the same person as the one who the DMV’s records showed had been convicted of driving with a revoked or suspended license. The circuit court correctly held that the driver was an habitual offender based on sufficient evidence because the driver’s failed to rebut the prima facie presumption that he had been duly convicted on three occasions. The court affirmed the circuit court’s judgment.
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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.