Traffic Offenses – DUI – Motion To Bifurcate

By Deborah Elkins
Published: March 18, 2010

Tags: Judge Rossie D. Alston Jr., Traffic Offenses, Virginia Court of Appeals

A trial court did not err in denying a DUI defendant’s motion to bifurcate the guilt phase of his trial for DUI, fourth offense in 10 years, into separate determinations of guilt and recidivism, and the Court of Appeals affirms defendant’s conviction. Defendant’s bifurcation claim was rejected in Elem v. Commonwealth, 55 Va. App. 55 (2009), ...

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