Commonwealth v. Knott

Opinion

KOONTZ, C.J.

The Commonwealth appeals a decision of the Circuit Court of Fairfax County dismissing an information against Kristy Ann Knott for adjudication as an habitual offender. The court held that Fairfax County Code § 82-4-21 was invalid and therefore could not be applied to elevate Knott’s conviction for driving while intoxicated to a second offense. The Commonwealth asserts on appeal that the trial court erred in ruling that the ordinance was invalid. We agree with the trial court’s ruling and affirm the judgment.

The record shows that the trial court issued a show cause order on…