Alaska DUI Legal News & Help

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FREDERICK C. MWANGI v. COMMONWEALTH OF VIRGINIA

SUPREME COURT OF VIRGINIA

277 Va. 393

Mwangi appealed his conviction to the Court of Appeals of Virginia.  The Court of Appeals affirmed Mwangi’s conviction.  At trial, the Commonwealth sought to simultaneously introduce three exhibits as evidence of Mwangi’s prior DUI convictions, and the trial court admitted the exhibits over Mwangi’s objections.  One of those exhibits, Exhibit 1, is a transcript from the Department of Motor Vehicles (DMV) showing that Mwangi had been convicted of DUI in the General District Court of the County of Arlington on April 22, 2005, as well as a purported DUI conviction in the City of Alexandria.  Another of those exhibits, Exhibit 3, is a summons that purports to show that Mwangi had been convicted of DUI in the Alexandria General District Court.  The summons indicates that the alleged offense occurred on January 21, 2005, and that Mwangi appeared in the general district court, represented by counsel, on July 15, 2005.  The summons also indicates that Mwangi entered a guilty plea, was tried and found guilty as charged, and was fined and sentenced to a jail term.  The summons, however, is not signed by a judge.  Mwangi contends that the trial court erred in convicting him of DUI, third offense, because Exhibit 3, the purported DUI conviction order, is not endorsed by a judge and, thus, is no order at all.

The dispositive issue in this appeal is whether the Court of Appeals erred in affirming a conviction for driving under the influence, third offense, where the Commonwealth’s proof of recidivism relies on a purported order from a general district court which was never endorsed by a judge.

The Commonwealth of Virginia has the burden of proving all elements of a crime, including prior convictions, beyond a reasonable doubt.  In a court-not-of-record, a judge’s signature proves the rendition of a judgment.  The purported disposition on the back of a warrant is not an order because it is not signed by the judge.  While the DMV transcript was admissible in evidence to prove prior convictions, the Commonwealth’s Exhibit 3 rebutted the evidence as to the Alexandria conviction.  The Commonwealth, therefore, failed to prove that Mwangi had been twice before convicted of DUI.  It follows, then, that the Court of Appeals erred in affirming Mwangi’s conviction.

The Supreme Court reversed the judgment of the Court of Appeals, vacated the trial court’s judgment, and remanded the case to the Court of Appeals with direction that the Court of Appeals remand the case to the trial court for a new trial on the lesser-included misdemeanor charge if the Commonwealth be so advised.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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Each year 1.4 million people in the USA are arrested for Drivng Under the Influence. If this has happened to you, You Need The DUI Process Manual.

Maybe you lost your job, or your license to drive your car to your job was suspended. Now you have a whole new set of problems like, How do I get my license back? How do I get a DWI lawyer that knows the latest defenses? How do I afford the SR22 insurance costs, etc.

There is so much knowledge available now to develop strategies that will clear your driving record and or minimize the effect having a DUI will have on your life.

This has been organized into a step-by-step digitized process that literally walks you through the exact steps you must take to get this done. But not everyone will be eligible to use the information. Before I can tell you more specifics of the knowledge contained in the DUI Process Manual.

Please take note of the eligibility criteria below…

The following people ARE NOT ELIGIBLE: If your offense is related to vehicular manslaughter you are not eligiblle.

If your DUI offense is complicated with felony drug charges you most likely are not eligible.

If your DUI offense involves extensive property damage and/or severe accident or injury you are not eligible.

If you are ELIGIBLE …then expunging your DUI record can occur by invoking several little known laws that you are entitled to and you can accomplish this from any state in the nation.

Each state has different DUI laws, but the way in which your records are handled is similar nationwide.

Ok, so you want to know what the DUI Process Manual can do for your particular DUI issues. I suggest you download the FREE DUI Strategies Report available here!

It was written by a collaboration of people, all with different areas of professional expertise. Then edited and organized by people who have been in your exact same shoes. That is very important. And this why you need the DUI Process Manual

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