Commonwealth v. Chamberlain

By Judge Thomas A. Fortkort

This case is before the Court on the Defendant’s Motion to Dismiss. After hearing oral argument, the Court took the matter under advisement. For the reasons set forth below, the motion is denied.

The Defendant, Eric J. Chamberlain, appeals his conviction for driving under the influence of alcohol in violation of Virginia Code § 18.2-266. Defendant bases his motion to dismiss on a prior conviction of driving without a license arising from the same incident of driving. Virginia Code § 19.2-294 provides that:

If the same act be a violation of two or more statutes . . .…