Diggs v. Commonwealth

Cole, J., with whom Koontz, C.J. and Benton, J., join,

dissenting.

I respectfully dissent and disagree with the majority opinion.

The issue presented in this case is whether the appellant, Terry Allen Diggs, violated Code § 46.1-350(a) when he operated a moped on a highway while his operator’s license was suspended or revoked. This section provides that no person whose operator’s license has been suspended or revoked “shall therafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in this Commonwealth.” (emphasis added). We, therefore, must determine whether a…