Padgett v. Commonwealth

Code § 19.2-294.1 is the focal point of the controversy in this case. This section provides:

“Whenever any person is charged with a violation of § 18.2-266 [the statute prohibiting driving while intoxicated] or any similar ordinances of any county, city, or town and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge.”

The question of the statute’s applicability arose in this situation:

On August 8, 1978, while operating his automobile in the City of Lynchburg, the defendant, Demaris Haynes Padgett, failed to…