Nicely v. Commonwealth

BRAY, Judge.

Julie Kay Nicely (defendant) was convicted in a bench trial of driving under the influence of alcohol, a second like offense committed within five years, and imposed the attendant enhanced punishment. On appeal, defendant complains that the trial court erroneously relied solely upon a Department of Motor Vehicles (DMV) transcript to establish the requisite prior offense, finding such conviction constitutional without affirmative proof that defendant had been represented by or waived counsel or had been punished without incarceration. Concluding that the earlier offense was…