Fraser v. Commonwealth

Opinion

COLEMAN, J.

Charles D. Fraser was convicted of driving while intoxicated in violation of Code § 18.2-266 and was punished therefor as provided by Code § 18.2-270 (penalty statute) for a second offense committed within less than five years. Fraser contends that the trial court could not punish him as a second offender because his first DWI conviction was void because it was under Fairfax County Code § 82-4-17, which was held to be invalid in Commonwealth v. Knott, 11 Va. App. 44, 47, 396 S.E.2d 148, 150 (1990), and Commonwealth v. Holtz, 12 Va. App. 1151, 1152, 408 S.E.2d 561, 562…