The term "traffic offense" when used in this section shall mean any moving traffic violation described or enumerated in subdivisions A 1 and 2 of § 46.2-382, whether such violation was committed within or outside the Commonwealth according to the records of the Department of Motor Vehicles.
The term "prior traffic record" when used in this section shall mean the record of prior suspensions and revocations of a driver's license, and the record of prior convictions of traffic offenses described in the foregoing provisions of this section.
When any person is found guilty of a traffic offense, the court or jury trying the case may consider the prior traffic record of the defendant before imposing sentence as provided by law. After the prior traffic record of the defendant has been introduced, the defendant shall be afforded an opportunity to present evidence limited to showing the nature of his prior convictions, suspensions, and revocations.
1975, c. 577, §§ 46.1-347.1, 46.1-347.2; 1984, c. 780; 1989, c. 727.
Notes of Decisions
Ngomondjami v. Commonwealth, 678 S.E.2d 281 (Va. Ct. App. 2009).
· cites it 48× “Additionally, he contends the trial court erred during the sentencing phase of his trial by admitting into evidence his Department of Motor Vehicles driving record (DMV record) pursuant to Code § 46.2-943, arguing the Commonwealth failed to comply with the notice requirements of…”
Farmer v. Commonwealth, 390 S.E.2d 775 (Va. Ct. App. 1990).
· cites it 16× “2-270, and, therefore, is not admissible in the guilt stage of a bifurcated trial in accordance with Code § 46.2-943 (formerly Code § 46.1-347.”
Farmer v. Commonwealth, 404 S.E.2d 371 (Va. Ct. App. 1991).
· cites it 8× “2 (now Code § 46.2-943), he was entitled to a bifurcated trial in which his prior convictions would not be introduced until after a finding of guilt.”
Griswold v. Commonwealth, 472 S.E.2d 789 (Va. 1996).
· cites it 6× “His trial in the Circuit Court of the City of Richmond was in two phases as provided in Code § 46.2-943. In the first phase, the jury found Griswold guilty of DUI, “as charged.”
Griswold v. Commonwealth, 453 S.E.2d 287 (Va. Ct. App. 1995).
· cites it 4× “Appellant contends the trial court erred in admitting his uncounseled 1983 conviction in the sentencing phase of the trial.”
Gilliam v. Commonwealth, 465 S.E.2d 592 (Va. Ct. App. 1996).
· cites it 2× “Code § 46.2-943 provides "the court or jury trying the ["traffic offense”] may consider the prior traffic record of the defendant before imposing sentence (emphasis added).”
Elem v. Commonwealth, 683 S.E.2d 830 (Va. Ct. App. 2009).
· cites it 2× “2 [now Code § 46.2-943]. There may be sound arguments for the extension of such trials to other offenses in Virginia, but these arguments should be addressed to the General Assembly.”
Farmer v. Com., 390 S.E.2d 775 (Va. Ct. App. 1990).
· cites it 16× “2-270, and, therefore, is not admissible in the guilt stage of a bifurcated trial in accordance with Code § 46.2-943 (formerly Code § 46.1-347.”
Griswold v. Com., 453 S.E.2d 287 (Va. Ct. App. 1995).
· cites it 4× “2d 383 (1979), the trial court erred by allowing its introduction under Code § 46.2-943. [1] Our decision is guided by the United States Supreme Court's recent decision in Nichols v.”
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