NORFOLK -- Attorney Jon Babineau confirmed Wednesday he will enter the race for Norfolk's top prosecutor as a write-in candidate.

Babineau's decision comes a week after Commonwealth's Attorney Greg Underwood was arrested.

Underwood, 58, is charged with driving under the influence while carrying a concealed weapon in public, DWI first offense and refusal to test, first offense.

Underwood was first elected to the job during a special election in March 2009 and was re-elected in November 2009 to a four-year term.

Underwood had been running unopposed for re-election on November 5.

Babineau is a criminal defense attorney at Riddick Babineau in downtown Norfolk.

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