Suspended License Virginia Habitual Offender Lawyers Frederick County
Commonwealth v. Brown
Defendant filed a motion to dismiss the rule to show cause.
- Whether the Defendant’s motion to dismiss the show cause has to be granted?
Defendant was convicted of driving on a suspended license, in violation of Va., Code § 82-3-24. Following other convictions, defendant was tried at a habitual offender proceeding. In his brief in support of his motion to dismiss the rule to show cause, defendant attacked two of the alleged predicate offenses. The commonwealth asserted that defendant’s first conviction under the County Code was a valid conviction and, therefore, three predicate offenses existed. The court dismissed the rule to show cause. The court held that the first conviction was for driving on a suspended license, in violation of the county code. The state code for first offenders required a jail sentence, which could not be suspended, while the county code provision contained no such requirement. Due to the fact that the penalty provision under the first offender section of the county ordinance was not uniform with the corresponding state provision, the first offender section of the county ordinance was invalid. Therefore, the county violation conviction could not serve a predicate offense. The court granted defendant’s motion to dismiss the rule to show cause.
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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.