| MICHAEL TERRANCE TREU v. COMMONWEALTH | | | | defendant drove his vehicle into a police cruiser |
| OF VIRGINIA | | | | and fled the scene, giving rise to the hit and run |
| Court of Appeals of Virginia | | | | conviction. The hit and run conviction was not |
| Treu was convicted in Arlington County of failing | | | | barred by Va. Code Ann. § 19.2-294 because |
| to stop at the scene of an accident involving | | | | separate acts sustained the offenses. Applying |
| property damage, a violation of former Code § | | | | the Estes test to the facts, we conclude that the |
| 46.1-176. | | | | Arlington County prosecution for hit and run was |
| Whether the prior conviction for fleeing a police | | | | not barred. None of the evidence involving the |
| office was excluded the subsequent conviction of | | | | flight from police in Fairfax County was required |
| hit and run? | | | | to prove the hit and run in Falls Church. The |
| The Arlington court found that defendant's prior | | | | Arlington County conviction was not based on the |
| conviction in Fairfax County, Virginia for fleeing a | | | | "same act" that served as the basis for the |
| police officer did not bar his subsequent hit and | | | | Fairfax County Conviction. |
| run conviction in Arlington County, Virginia, | | | | Accordingly this court affirmed. |
| although the hit and run was the culmination of | | | | Disclaimer: |
| the same flight from the police that gave rise to | | | | These summaries are provided by the SRIS Law |
| the Fairfax County conviction. The flight conviction | | | | Group. They represent the firm's unofficial views |
| resulted from defendant's attempt to elude police. | | | | of the Justices' opinions. The original opinions |
| While so eluding police at a high rate of speed, | | | | should be consulted for their authoritative content. |