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DIGGS v. COM.

Record No. 0254-86-4.

369 S.E.2d 199 (1988)

Terry Allen DIGGS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 17, 1988.

Attorney(s) appearing for the Case

Ron Lewis Napier (Napier & Napier, Front Royal, on brief), for appellant.

Eugene Murphy, Asst. Atty. Gen., (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BAKER, BARROW, BENTON, COLE, COLEMAN, DUFF, KEENAN and MOON, JJ.

UPON A PETITION FOR REHEARING EN BANC

BARROW, Judge.

In this appeal of a traffic infraction we conclude that a person whose operator's license has been suspended or revoked may not drive a moped1 on a public highway.

Diggs was convicted of operating a moped on a public highway after his operator's license had been revoked. When he was observed, his moped was being propelled

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