In Long v. Commonwealth, 23 Va. App. 537, 543, 478 S.E.2d 324, 327 (1996), the Court held that the legislature intended to abrogate the common law defense of necessity in cases involving the operation of a motor vehicle by a habitual offender, a violation of Code 46.2-357. 23 Va. App. at 543-44, 478 S.E.2d at 326-27. In enacting that code section, the legislature "chose to relegate the factual circumstances which would give rise to the common law defense of necessity to the punishment phase of the habitual offender proceedings." Id. at 544, 478 S.E.2d at 327. The Court held that "this decision was, in effect, a determination . . . that there could be no guilt-nullifying justification for an habitual offender, twice convicted of driving after having been adjudicated an habitual offender, to drive" and that "the legislature intended to abrogate the common law defense of necessity." Id.