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COM., DEPT. OF MOTOR VEHICLES v. WALLACE

Record No. 0195-98-1.

511 S.E.2d 423 (1999)

29 Va. App. 228

COMMONWEALTH of Virginia, DEPARTMENT OF MOTOR VEHICLES v. Keith WALLACE.

Court of Appeals of Virginia, Norfolk.

March 2, 1999.

Attorney(s) appearing for the Case

Jeffrey A. Spencer, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellant.

Joseph M. DuRant (Cumming, Hatchett & Jordan, on brief), Hampton, for appellee.

Present: FITZPATRICK, C.J., BRAY, J., and OVERTON, Senior Judge.

BRAY, Judge.

Keith Wallace (Wallace) was administratively declared an habitual offender by the Commissioner (Commissioner) of the Department of Motor Vehicles (DMV) in accordance with Code § 46.2-352(A), and his privilege to operate motor vehicles was revoked by attendant order. Upon notification of the order, Wallace petitioned the trial court pursuant to Code § 46.2-352(B), seeking a "judicial hearing and determination ... that [he] is not an habitual...

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