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HIGHSMITH v. COM.

Record No. 1120-96-4.

489 S.E.2d 239 (1997)

25 Va. App. 434

Charles A. HIGHSMITH, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

August 19, 1997.

Attorney(s) appearing for the Case

Robert R. Sparks, Jr., McLean (Matthew Scott McConnell; Herge, Sparks & Christopher, on briefs), for appellant.

(James S. Gilmore, III, Attorney General; John K. Byrum, Jr., Assistant Attorney General, on brief), for appellee.

Present: FITZPATRICK and OVERTON, JJ., and DUFF, Senior Judge.

FITZPATRICK, Judge.

On March 21, 1996, Charles A. Highsmith, Jr. (appellant) was convicted by the Circuit Court of Arlington County (trial court) in a jury trial of driving while intoxicated (DWI) in violation of Code § 18.2-266. The sole issue on appeal is whether the general district court's (district court) pretrial dismissal of the DWI warrant precluded the Commonwealth, under the doctrine of res judicata or the related plea of autrefois acquit...

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