Reed v. Commonwealth

Opinion

COLEMAN, J.

Ernest L. Reed was convicted, in a bench trial, of driving after having been adjudicated an habitual offender. We reverse Reed’s conviction because the record fails to show Reed knew at the time he was driving that he had been declared an habitual offender and ordered not to operate a motor vehicle pursuant to Code § 46.2-355. An essential element of the offense of driving after having been declared an habitual offender is that the operator knew at the time he operated a motor vehicle in Virginia that he was doing so after he had been declared an habitual offender and…