Commonwealth v. Head

Fairfax County Circuit Court

Commonwealth v. Head

17 Va. Cir. 232, 1989 Va. Cir. LEXIS 291

CourtFairfax County Circuit Court

DecidedJuly 21, 1989

DocketCase No. (Law) 90666

StatusPublished

This text of 17 Va. Cir. 232 (Commonwealth v. Head) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Head, 17 Va. Cir. 232, 1989 Va. Cir. LEXIS 291 (Va. Super. Ct. 1989).

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Opinion

By JUDGE RICHARD J. JAMBORSKY

This habitual offender matter is before the Court on a rule to show cause. The parties are in dispute as to when the license revocation period begins to run. The Commonwealth contends that it runs from the date when the order adjudicating the defendant an habitual offender is entered. The defendant contends that it should run from the date when his violations are "posted" in the records of the Department of Motor Vehicles.

Although the defendant makes several arguments to the contrary, the wording of Virginia Code § 46.1-387.7 is clear and unambiguous. The Code provides that no license shall be issued "for a period of ten (10) years from the date of the order finding such person to be an habitual offender." Therefore, the Court finds that the revocation period begins on the date of entry of the order.

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By JUDGE RICHARD J. JAMBORSKY

This habitual offender matter is before the Court on a rule to show cause. The parties are in dispute as to when the license revocation period begins to run. The Commonwealth contends that it runs from the date when the order adjudicating the defendant an habitual offender is entered. The defendant contends that it should run from the date when his violations are "posted" in the records of the Department of Motor Vehicles.

Although the defendant makes several arguments to the contrary, the wording of Virginia Code § 46.1-387.7 is clear and unambiguous. The Code provides that no license shall be issued "for a period of ten (10) years from the date of the order finding such person to be an habitual offender." Therefore, the Court finds that the revocation period begins on the date of entry of the order.

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Bluebook (online)

17 Va. Cir. 232, 1989 Va. Cir. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-head-vaccfairfax-1989.