Shaw v. Commonwealth

Opinion

COLEMAN, J.

Code § 19.2-294.1 provides that whenever a person is charged with both reckless driving and driving while intoxicated “growing out of the same act or acts” and is convicted of one of the offenses, the trial court shall dismiss the remaining charge. Martin L. Shaw, the appellant, contends that his conviction for eluding a police officer in violation of Code § 46.1-192.1 (now Code § 46.2-817) constituted a conviction for reckless driving, thereby requiring the trial court, in obedience to Code § 19.2-294.1, to have dismissed a driving while intoxicated charge against him which…