Smith v. Commonwealth

Opinion

WILLIS, J.

On appeal from his conviction of violating Code § 46.2-605, Charles K. Smith, Jr., contends that the trial court erred in refusing an instruction permitting the jury to find him guilty of a traffic infraction under Code § 46.2-613(2) either (1) as a lesser-included offense, or (2) as a “substantially charged” lesser offense pursuant to Rule 3A:17. We find no error and affirm the judgment of the trial court.

On June 17, 1991, Virginia State Trooper Davis stopped Smith, who was driving a tractor trailer on Virginia Route 29. Smith produced a registration card that had been…