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PADGETT v. COM.

Record No. 790468.

263 S.E.2d 388 (1980)

Demaris Haynes PADGETT v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 29, 1980.

Attorney(s) appearing for the Case

Gregory W. Smith (Smith & Mays, Madison Heights, on brief), for appellant.

Alan Katz, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before I'ANSON, C. J., CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.

PER CURIAM.

Code § 19.2-294.1 is the focal point of the controversy in this case. This section provides:

"Whenever any person is charged with a violation of § 18.2-266 [the statute prohibiting driving while intoxicated] or any similar ordinances of any county, city, or town and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge."

The question of the statute...

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