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Cross-examined by Baumgardner, the defendant acknowledged that he has been convicted of a felony “a few times” but couldn’t remember how many.
“Telling a drunk man he’s an habitual offender is not sufficient notice,” Konick argued, adding that the state had failed in its duty to inform Taylor of his status when the formal notice by registered mail was returned unclaimed. Without that notice, 1'onick maintained, Taylor can’t be found guilty of driving while an habitual offender.
Baumgardner characterized the contention that Taylor didn't know his status as “so far out in left field as to be utterly unbelieveable.” A year before he was caught driving in Rappahannock, Taylor was informed by a Virginia state trooper that he was an habitual offender, the commonwealth's attorney emphasized.
The jury signaled its agreement with Baumgardner by returning the guilty verdict.
88.4%