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State court of last resort · ST-VA-SC
Forness v. Commonwealth
No. 210893Supreme Court of Virginia
210893 Forness v. Commonwealth 01/19/2023 In an appeal from denial of a petition to expunge a felony arrest record, since every driving-while-intoxicated charge implicates the same underlying offense, a violat…
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210893 Forness v. Commonwealth 01/19/2023 In an appeal from denial of a petition to expunge a felony arrest record, since every d…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jan 19, 2023
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210893 Forness v. Commonwealth 01/19/2023 In an appeal from denial of a petition to expunge a felony arrest record, since every driving-while-intoxicated charge implicates the same underlying offense, a violation of Code § 18.2-266, it is clear that Felony DWI and DWI Second involve the same offense but with different sentencing enhancements: the difference between the two charges is one of degree and not of kind. In the present case, amendment of the arrest warrant related only to the sentencing enhancement sought to be imposed, not the underlying offense. Given that the actual offense that petitioner was charged with remained the same, it simply cannot be said that the amendment resulted…
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