Commonwealth v. Gardner

By Judge Stanley P. Klein

On May 16,1996, Defendant Todd Gardner was convicted in the Fairfax County Circuit Court of his third offense of driving while intoxicated in violation of Herndon Ordinance 95-0-13. Pursuant to this conviction, a Rule to Show Cause why the Defendant should not be declared a habitual offender was issued by the Court as prescribed by Virginia Code § 46.2-351.2. The Defendant has urged this Court to dismiss the Rule to Show Cause, raising two issues in his defense. First, the Defendant argues that there is no evidence to sustain the predicate convictions upon which the…