Penton v. City of Norfolk

Opinion

ELDER, J.

Charles F. Penton and John D. Hudgins appeal from their convictions under Norfolk City Code § 25-251 for driving while under the influence. Apart from the fact that Hudgins’s offense occurred in May, 1991, and Penton’s in June, 1991, the facts in each case are the same. Appellants argue that their convictions are invalid because the punishment prescribed in the ordinance exceeded the punishment authorized by state law at the time of the ordinance’s enactment, thereby rendering the ordinance void from its inception. After examining the relevant statutes and ordinances, we find…