Easter v. Commonwealth

COLE, Senior Judge.

James L. Easter, appellant, appeals his conviction of driving under the influence of alcohol (DUI), third offense, in violation of Code § 18.2-266. Appellant contends: (1) the conviction violated his right against double jeopardy because he suffered an improper seven day license suspension when the officer failed to file the required incident report, and (2) the Commonwealth improperly amended the warrant to charge a third offense on de novo appeal in circuit court, when, pursuant to a plea agreement, he had already pled guilty to, and was convicted of, DUI, second offense,…