COM., DEPT. OF MOTOR VEHICLES v. Wallace

BRAY, Judge.

Keith Wallace (Wallace) was administratively declared an habitual offender by the Commissioner (Commissioner) of the Department of Motor Vehicles (DMV) in accordance with Code § 46.2-352(A), and his privilege to operate motor vehicles was revoked by attendant order. Upon notification of the order, Wallace petitioned the trial court pursuant to Code § 46.2-352(B), seeking a “judicial hearing and determination ... that [he] is not an habitual offender.”

Following an ore terms hearing, the court found that one among the three predicate convictions necessary to Wallace’s habitual…