Saunders v. Commonwealth

LARRY G. ELDER, Judge.

Marvin James Saunders (appellant) appeals from his conviction for driving after having been declared a habitual offender in violation of Code § 46.2-357, his fourth such conviction. On appeal, he contends operating a moped does not constitute a violation of Code § 46.2-357 because it is neither a motor vehicle nor self-propelled machinery within the meaning of that statute. In the alternative, he contends the evidence he was operating a moped was insufficient to support his conviction because, although the statute prohibits a habitual offender from operating a motor…