¶1dissenting.
¶2For the reasons stated in the panel decision, see Thomas v. Commonwealth, 22 Va.App. 735, 473 S.E.2d 87 (1996), we would reverse Thomas’ conviction for driving after having been declared an habitual offender. We concur in the decision transferring to the Supreme Court the appeal from the conviction of refusal to take a blood or breath test. See id. at 740, 473 S.E.2d at 90.