Suspended License Virginia Habitual Offender Lawyers Stafford County

Suspended License Virginia Habitual Offender Lawyers Stafford County

White v. Commonwealth
Facts:

Appellant first contended that the trial court erred in denying his motion to strike the driving on a suspended license charge. He could not, he claimed, properly be convicted of driving on a suspended license because, having been declared an habitual offender, his previously suspended operator’s license had been revoked and, thus, was not extant at the time the charged offenses occurred. Appellant was tried by jury in the Circuit Court of Stafford County (Virginia) and convicted of driving after having been declared an habitual offender in violation of Va. Code Ann. § 46.2-357(B)(1) and driving on a suspended license, second or subsequent offense, in violation of Va. Code Ann. § 46.2-301. Appellant challenged the convictions.

Suspended License Virginia Habitual Offender Lawyers Stafford County

Suspended License Virginia Habitual Offender Lawyers

Issue:
  • Whether the trial court erred in denying defendant motion to strike the driving on a suspended license charge?
Discussion:

The appellate court agreed with the Commonwealth that this claim was procedurally barred as appellant failed to raise the defense on the trial level. Appellant also contended that the trial court erred in refusing to instruct the jury on a defense of others defense. The record did not support appellant’s argument. The defense of others defense applied when a person justifiably used force to defend another person. Here, there was no evidence in the record that appellant used force to protect or defend others. Nor did any of the offenses he was charged with relate to his using force. Appellant merely drove another from the scene of the confrontation. The judgment was affirmed.

The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

Click to Chat

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.