Suspended License Virginia Statutory Construction Lawyers Campbell County
Blessing v. Commonwealth
Appellant was tried by jury in the Circuit Court of Campbell 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.
- Whether the trial court erred in rejecting defendant’s claim that the driving on a suspended license charge should be stricken on the basis that, as a matter of sound statutory construction?
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a suspended license because, having been declared an habitual offender, his previously suspended operator’s license had been revoked and, thus, was not extant at the time the charged offenses occurred. 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.
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Article written by A Sris
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