Upon rehearing en banc, the Virginia Appeals Court found the circuit court erred in denying a DUI defendant’s appeal, finding the deadline was tolled by emergency COVID-19 orders issued by the state Supreme Court.

On March 16, 2020, Clifton Thomas Jacks was convicted of driving while intoxicated in Rockbridge County Circuit Court. His notice of appeal was filed the following June 3, 2020—well beyond the 10-day deadline for appealing a conviction. Therefore, Judge Paul A. Dryer denied his notice of appeal, according to the appellate court’s opinion filed Tuesday.