Shinault v. Commonwealth

In a bench trial, Bruce Anthony Shinault was convicted of driving a motor vehicle while under the influence of alcohol, and was punished as a third offender pursuant to Code § 18.2-270. * In imposing the sentence, the trial court considered, as a prior offense, Shinault’s conviction for driving while intoxicated under the laws of North Carolina.

Code § 18.2-270 provides that a conviction under “the laws of any other state substantially similar to the provisions of [Code] §§ 18.2-266 through 18.2-269” (Virginia’s driving under the influence statutes) shall be considered a prior conviction. In…