Legal Opinion

Harris v. City of Virginia Beach

Court of Appeals of Virginia

Decided November 15, 1994No. 2365-92-1PublishedCited by 3 opinions

1Opinion of the Court

Opinion

BRAY, J.

Dan L. Harris (defendant) was convicted in the Virginia Beach Circuit Court of driving under the influence of alcohol (DUI), second offense. He complains on appeal that this conviction was barred by an earlier, related conviction for reckless driving. We agree and reverse the judgment of the court below.

The relevant facts are uncontroverted. On May 6, 1992, at “around one o’clock-ish” in the afternoon, defendant was operating a motor vehicle on Route 44 in the City of Virginia Beach, Virginia. Defendant encountered “a lot” of construction activity along the roadway, with…

2Cases cited4 opinions

  1. Lash v. County of HenricoCourt of Appeals of Virginia · 1992
  2. Padgett v. CommonwealthSupreme Court of Virginia · 1980
  3. Commonwealth v. MeadowsCourt of Appeals of Virginia · 1994
  4. Crawley v. WilkersonDistrict Court, W.D. Virginia · 1968

3Cited by3 opinions

  1. Dennis Vernon White v. Commonwealth of VirginiaCourt of Appeals of Virginia · 1998
  2. Michale John Brown v. CommonwealthCourt of Appeals of Virginia · 2004
  3. United States v. WingleDistrict Court, E.D. Virginia · 2013

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