Commonwealth v. Lowe

By Judge Thomas d. Horne

This case is before the Court on appeal from the General District Court of Loudoun County. Mr. Lowe contends that he should not be declared a habitual offender pursuant to the provisions of § 46.2-351, Code of Virginia. In support of his position, he asserts that a conviction for driving while intoxicated in the State of Maryland should not be considered as a predicate offense.

A person may be convicted in Maryland of “driving while intoxicated” if he, “drive[s] or attempts] to drive any vehicle while intoxicated.” § 21-902, Annotated Code of Maryland. Counsel for Mr.…