Flaherty v. Commonwealth

Opinion

ELDER, J.

Dana Lynn Flaherty, appellant, appeals from a final order of the Circuit Court of Clarke County adjudicating her an habitual offender, revoking her privilege to operate a motor vehicle for ten years, and ordering her to surrender her operator’s license. On appeal, she asserts: (1) that a 1985 conviction for driving with a blood alcohol concentration of 0.15 percent or more by weight by volume, in violation of Code § 18.2-266(i), should not be considered a qualifying conviction for habitual offender status under Code § 46.2-351; and (2) that a 1983 conviction was for violating…