Suspended License Rockingham Virginia Lawyer Unauthorized Use

Suspended License Rockingham Virginia Lawyer Unauthorized Use

Francis v. Commonwealth
Facts:

Following a jury trial in the Circuit Court of Rockingham County (Virginia), defendant was convicted of a third or subsequent offense of driving on a suspended or revoked license and unauthorized use of a motor vehicle and sentenced to five years for unauthorized use and 12 months for driving while suspended. Defendant appealed.

Suspended License Rockingham Virginia Lawyer Unauthorized Use

Suspended License Rockingham Virginia Lawyer

Issue:
  • Whether the trial court erred in admitting, at the guilt phase of trial, an unredacted copy of defendant’s driving transcript from the Department of Motor Vehicles?
Discussion:

Defendant argued that the trial court erred in admitting, at the guilt phase of trial, an unredacted copy of his driving transcript from the Department of Motor Vehicles (Virginia). Defendant objected that the transcript was irrelevant and prejudicial as it contained information unrelated to his prior convictions of driving on a suspended license. The appellate court held that, even assuming the trial court erred in admitting the unredacted transcript, such error did not compel reversal because the evidence overwhelmingly proved defendant guilty of a third or subsequent offense of driving on a suspended license. Defendant testified that his license was suspended when he drove and that he had previously been convicted twice of driving on a suspended license. In addition the Commonwealth introduced two conviction orders indicating defendant’s prior convictions for driving on a suspended license. The judgment of the trial court was affirmed.

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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.