Commonwealth v. Brown

ELDER, Judge.

The Commonwealth appeals from an order entered pursuant to Code § 46.2-361(B) restoring the driving privileges of Walter Onassis Brown, previously declared a habitual offender by the Department of Motor Vehicles pursuant to Code § 46.2-352. The Commonwealth contends the circuit court lacked authority to order restoration of Brown’s driving privileges under Code § 46.2-361(B) because the convictions which led to the habitual offender determination did not meet the requirements of that code section. Rather, the predicate convictions were based at least in part on suspensions for…