Averitt v. Commonwealth

By Judge William H. Ledbetter, Jr.

The question presented is whether DMV’s habitual offender determination is based on valid qualifying convictions.

Facts

The petitioner was declared an habitual offender by DMV pursuant to Virginia Code § 46.2-352 on February 5,1996, and his license was revoked. The predicate or qualifying convictions are as follows: (1) a conviction in Virginia Beach General District Court on October 25,1991, for driving on a suspended license; (2) a conviction in Virginia Beach General District Court on June 26,1992, for driving on a suspended license; and (3) a conviction on…