Barden v. Commonwealth

ALSTON, Judge.

Kenneth Barden (“appellant”) appeals his conviction of driving under a suspended or revoked license, in violation of Code § 46.2-301, because the evidence adduced at trial failed to establish that his driver’s license was suspended or revoked at the time he was operating a motor vehicle. For the reasons expressed below, we agree and reverse appellant’s conviction under Code § 46.2-301(B).

BACKGROUND

The facts in this matter are not in dispute. On November 6, 2013, appellant was driving in Loudoun County when he was stopped by Officer Clark McDaniel. During the course of the stop,…