1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 490 S.E.2d
  5. 490 S.E.2d 281 (1997)
 

NICELY v. COMMONWEALTH

Record No. 0576-96-3.

490 S.E.2d 281 (1997)

25 Va. App. 579

Julie Kay NICELY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

September 16, 1997.

Attorney(s) appearing for the Case

Ronald W. Vaught, Hot Springs (Parks & Vaught, P.C., on brief), for appellant.

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

Present: ELDER, BRAY and FITZPATRICK, JJ.

BRAY, Judge.

Julie Kay Nicely (defendant) was convicted in a bench trial of driving under the influence of alcohol, a second like offense committed within five years, and imposed the attendant enhanced punishment. On appeal, defendant complains that the trial court erroneously relied solely upon a Department of Motor Vehicles (DMV) transcript to establish the requisite prior offense, finding such conviction constitutional without affirmative proof

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases