Commonwealth v. Whelan

By Judge Jane Marum Roush

This case is before the Court on the motion of defendant Michael Thomas Whelan to quash an indictment charging him with the felony of driving on a revoked operator’s license after having been adjudged a habitual offender. The Court heard oral argument, granted counsels’ request to submit briefs, and took the case under advisement. Counsel submitted briefs on the motion, which were reviewed by the Court. For the reasons set forth below, the motion is denied.

In April of 1988 defendant was declared by this Court to be a habitual offender pursuant to § 46.1-387.3 of the…