Kenyon v. Commonwealth

ELDER, Judge.

Douglas Robert Kenyon (appellant) appeals from his bench trial conviction for driving under the influence (DUI) pursuant to Code § 18.2-266. 1 Appellant was convicted for that offense in the district court and noted his appeal to the circuit court. With appellant’s consent, the Commonwealth terminated that prosecution by nolle prosequi. The Commonwealth subsequently obtained a new warrant charging appellant with DUI based on the same act of driving, and appellant again was convicted in the district court. On de novo appeal to the circuit court, appellant again was convicted.

On…