Roberts v. Commonwealth

LEMONS, Judge.

Ron Roberts, s/k/a Ronald Roy Roberts, appeals his conviction of driving after having been adjudicated an habitual offender. Roberts asserts that the trial court erred in finding that he operated a motor vehicle on a “highway” as defined by Code § 46.2-100. We agree and reverse.

FACTUAL BACKGROUND

On October 3, 1995, at approximately 10:45 p.m., Officer Christopher E. Fox of the City of Virginia Beach Police Department first encountered Roberts. At the time of the first encounter, Officer Fox testified that Roberts was a passenger in a white van that had been stopped because the…