Barry Eugene Lawson v. Commonwealth of Virginia

FELTON, Chief Judge.

Barry Eugene Lawson (“appellant”) was convicted by the Circuit Court of Henry County (“circuit court”) of driving while intoxicated, fourth offense, in violation of Code §§ 18.2-266 and 18.2-270, following his conditional guilty plea. On appeal, appellant contends the circuit court erred in denying his motion to dismiss that indictment. He asserts that prosecution was barred by Code § 19.2-294.1 as a result of his prior conviction of reckless driving arising out of the same course of driving. For the following reasons, we reverse the judgment of the circuit court.

I.…