Commonwealth of Virginia v. Wayne Bernard Boone

WILLIS, Judge.

On appeal from a final judgment reinstating Wayne Bernard Boone’s driving privileges after his having been adjudicated an habitual offender, the Commonwealth contends that the trial court erroneously interpreted and applied Code § 46.2-361(B) and (C). We agree and reverse the judgment of the trial court.

In October, 1997, Boone was adjudicated an habitual offender. This adjudication was based on two convictions of driving while his license was suspended for failure to pay fines and costs, in violation of Code § 46.2-395, and one conviction of driving while his license was…