Commonwealth v. Perez

By Judge Jane Marum Roush

This matter came on for trial without a jury on January 30, 1997. The defendant, Adalberto Perez, is charged with a violation of Va. Code § 18.2-266, driving while intoxicated, a third or subsequent offense within five years. At the conclusion of the trial, counsel requested and was granted leave to brief some of the issues that arose in trial. The Court has now had the opportunity fully to consider the testimony of the witnesses, the defense counsel’s brief, the arguments of counsel, and the authorities cited. For the reasons stated below, the Court finds the…