Richard Daniel Peters, Jr. v. Commonwealth of Virginia
66 Va. App. 743
| Va. Ct. App. | 2016Background
- Richard D. Peters, Jr. was stopped on Feb. 8, 2015; he told Deputy Butler he did not have a driver’s license and produced no license.
- Peters had three prior convictions under Va. Code § 18.2-272 (July 19, Sept. 12, Dec. 18, 2013), each carrying three-year revocations that extended past Feb. 8, 2015.
- The Commonwealth introduced the prior conviction orders showing Peters’ presence at those hearings and a DMV transcript showing status "REVOKED" and entries stating "NOTICE OF SUSPENSION / REVOCATION RECEIVED" and "FOR DRV UNDER SUS/REVO 2ND/SUB."
- The DMV record and the summons for the July conviction listed the same mailing address; under Va. Code § 46.2-203.1 notice mailed first-class to that address is deemed accepted.
- Trial court (bench) found Peters guilty of driving while deprived of the right to do so (third or subsequent offense) and sentenced him; Peters appealed, arguing the Commonwealth failed to prove actual notice of revocation on the offense date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Commonwealth proved actual notice that Peters’ driving privilege was revoked on Feb. 8, 2015 | Notice established by DMV transcript entries, prior conviction orders, and Peters’ admission to the deputy | DMV record and entries alone insufficient; Commonwealth failed to prove Peters actually received notice of revocation on the offense date | The court held the evidence (Peters’ statement, presence at prior trials, DMV transcript, and deemed mailing) supported actual notice; conviction affirmed |
Key Cases Cited
- Hodges v. Commonwealth, 64 Va. App. 687, 771 S.E.2d 693 (Va. Ct. App. 2015) (actual notice required to prove driving while suspended/revoked)
- Bishop v. Commonwealth, 275 Va. 9, 654 S.E.2d 906 (Va. 2008) (DMV transcript entry there insufficient to prove actual notice)
- Carew v. Commonwealth, 62 Va. App. 574, 750 S.E.2d 226 (Va. Ct. App. 2013) (Commonwealth must prove notice to sustain driving without valid license conviction)
- Palmer v. Commonwealth, 269 Va. 203, 609 S.E.2d 308 (Va. 2005) (court orders presumed to accurately reflect what transpired)
- Clanton v. Commonwealth, 53 Va. App. 561, 673 S.E.2d 904 (Va. Ct. App. 2009) (factfinder cannot adopt incriminating interpretation when evidence supports two reasonable views)