Fairfax Reckless Driving High Rate Speed 46.2-862 Suspended License 46.2-301

Fairfax Reckless Driving High Rate Speed 46.2-862 Suspended License 46.2-301

JEAN JOHN AIDONIS v. CITY OF FAIRFAX

COURT OF APPEALS OF VIRGINIA

April 21, 2009, Decided

The trial court instructed the jury that, in order to convict Aidonis of driving on a suspended license, it had to find the following three elements: "One, that the defendant was driving a vehicle on a highway; and two, that his driver's license had been suspended; and three, that he had not had his privilege to drive reinstated." The jury convicted Aidonis of improper driving, a lesser-included offense of reckless driving, and driving on a suspended license. This appeal followed.

Defendant Appealed based on "ends of justice" exception to the contemporaneous objection rule that trial court's instruction regarding the elements of the offense was incorrect.

The Court holds that "there was overwhelmingevidence that Aidonis knew that his driver's license had been suspended. Indeed, the evidence showed that he was in possession of the notice of suspension and even provided it, rather than his driver's license, to the officer when he was stopped for speeding. Moreover, our review of the record indicates that Aidonis was not relying on a lack of notice as his defense; thus, that principle of law was not "vital" to his defense." It was held that "there was an abundance of evidence in this case to show that Aidonis had notice that his driver's license had been suspended. Conceding that the defendant failed to object to the incorrect instruction at trial, he asks this Court to invoke the "ends of justice" exception to the contemporaneous objection rule, and consider this issue on appeal. Because we hold that a miscarriage of justice did not occur in this case, we decline to do so and affirm the conviction."

Accordingly, Aidonis' conviction is affirmed.

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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