Carnes v. State

This is an interlocutory appeal in which Carnes challenges his prosecution as a habitual traffic violator as defined in Code § 68B-308.

Carnes and the prosecutor stipulated as follows: On August 29, 1977, Carnes (who had previously been adjudicated a habitual violator in 1976) was charged with failure to have proof of insurance, failure to control his vehicle, and driving with a suspended license; he pled guilty; out of this conduct arose the subsequent indictment as a habitual traffic violator.

1. Carnes’ constitutional attacks on the habitual violator statute must fall for the reasons stated…