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COM. v. SHAFFER

Record No. 010480.

559 S.E.2d 623 (2002)

263 Va. 428

COMMONWEALTH of Virginia v. Michael Brian SHAFFER.

Supreme Court of Virginia.

March 1, 2002.

Attorney(s) appearing for the Case

Jeffrey A. Spencer, Asst. Atty. Gen. (Randolph A. Beales, Atty. Gen., on briefs), for appellant.

Mark S. Gardner (Gardner, Maupin & Sutton, on brief), Spotsylvania, for appellee.

Present LACY, HASSELL, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, Senior Justice.

A. CHRISTIAN COMPTON, Senior Justice.

At issue in this appeal is the nature of the right to operate a motor vehicle in the Commonwealth and the extent of the right to obtain judicial review of a determination by the Department of Motor Vehicles (DMV) that a person qualifies as an habitual offender.

The facts are undisputed. In July 1997, the DMV, in an ex parte proceeding relying on records of criminal convictions, determined Michael Brian Shaffer to be an...

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