Commonwealth v. Brown

By JUDGE ROBERT G. O’HARA, JR.

The following facts have been established in the above-captioned case.

The respondent became defined as a habitual offender under the provisions of § 46.2-351 of the Code of Virginia, as amended, as of the 6th day of January, 1989. .

Subsequent thereto, respondent was advised by the Division of Motor Vehicles that he could reapply for his license on or after the 7th day of July, 1989.

The respondent was not advised by the Division of Motor Vehicles that he was within the definition of a habitual offender.

The respondent complied with all requirements of the Division…