Commonwealth v. McLaughlin

By Judge Joseph E. Spruill, Jr.

Mr. McLaughlin was before the Court on December 9, 1998, charged with reckless driving in violation of an ordinance of the Town of Tappahannock. The charge was set forth on a Virginia Uniform Traffic Summons. Mr. McLaughlin pleaded not guilty and, at the conclusion of the Commonwealth’s evidence and at the conclusion of all the evidence, moved to strike because the Commonwealth did not notice or offer proof of the ordinance under which Mr. McLaughlin was prosecuted. This motion was taken under advisement.

The question is whether the Court can take judicial notice…