Virginia Court Decisions
Criminal Law - DUI & DWI Charges
0597074 DUI, DWI, Driving Under the Influence, Driving While Intoxicated, Breath Test Refusal, Criminal Law, Probable Cause - Ronald Lee Jones v. Commonwealth of Virginia 05/06/2008
Appellant's conviction of unreasonable refusal to provide a breath sample following an arrest for driving under the influence affirmed where trial court did not err in finding officer had probable cause to arrest appellant for driving under the influence based on totality of circumstances
2986064 Criminal Law, DUI, DWI, Driving Under the Influence, Driving While Intoxicated - Stacey Lynn Wright v. Commonwealth of Virginia 04/22/2008
Trial court erred in overruling appellant's timely objection that the unlawful nolle prosequi of the same offense in an earlier district court proceeding deprived her of her statutory right to a preliminary hearing; conviction is reversed and indictment is dismissed without prejudice
0305072 DUI; Evidence - Billie Denise Brown v. Commonwealth of Virginia 04/08/2008
No error in trial court's finding that evidence was sufficient to support conviction for driving under the influence, second offense in ten years; no merit to claim that Commonwealth failed to provide appellant was potentially exculpatory evidence in the form of a breath test as Code § 18.2-268.2 does not impose obligation on officer to offer breath test
1146074 DUI, Traffic; Criminal Law; Evidence - Frederick C. Mwangi v. Commonwealth of Virginia 04/15/2008
Trial court did not err in admitting unsigned order of conviction from general district court to prove prior DUI conviction where sufficient circumstantial evidence proved appellant was convicted of offense
2873063 Traffic; Criminal Law; DUI; DWI; Driving under the Influence; Due Process - William Jerry Wimbish v. Commonwealth of Virginia 04/08/2008
Conviction of driving under the influence affirmed where admission of certificate of analysis did not violate Confrontation Clause as breath test results and attestation clause of certificate are not "testimonial"; Code § 18.2-270 does not violate Due Process Clause as it does not contain an unconstitutional presumption
0069074 Traffic; Criminal Law; DUI; DWI; Driving Under the Influence; Driving While Intoxicated; Malicious wounding; Trial procedure - Nelson Mauricio Melendez v. Commonwealth of Virginia 03/25/2008
Court is unable to review appellant's claim on appeal that trial court erred in denying his counsel the right to cross-examine witness in violation of the Sixth Amendment where no proffer of the expected testimony was made
0305072 Traffic; Criminal Law; DUI; DWI; Driving Under the Influence - Billie Denise Brown v. Commonwealth of Virginia 04/08/2008
No error in trial court's finding that evidence was sufficient to support conviction for driving under the influence, second offense in ten years; no merit to claim that Commonwealth failed to provide appellant was potentially exculpatory evidence in the form of a breath test as Code § 18.2-268.2 does not impose obligation on officer to offer breath test
2409064 Traffic; Criminal Law; DWI; DUI: Driving While Intoxicated - Brian Patrick Riley v. Commonwealth of Virginia 04/08/2008
Trial court did not err in convicting appellant of driving while intoxicated and maiming as a result of his driving while intoxicated where affirmative defense of unconsciousness was unavailable to appellant as he voluntarily ingested overdose of sleeping medication; evidence sufficient to support maiming conviction
2594062 Ki-Ho, s/k/a John Min v. Commonwalth of Virginia - DWI, DUI, Driving While Intoxicated, Blood Alcohol Analysis 03/25/2008
Trial court did not err in admitting the certificate of blood alcohol analysis in accordance with Code § 19.2-187 where appellant did not subpoena the "booking tech" and therefore waived his right to cross-examine the potential witness; appellant's claim that this evidence is not "covered" under Code § 19.2-187 is barred by Rule 5A:18
2490064 Driving Under the Influence Charges - Cheryl Brown-Fitzgerald v. Commonwealth of Virginia 02/05/2008
No error in trial court's refusal to dismiss charge of driving under the influence where breath test is not a statutorily mandated test under the implied consent law
2921063 DUI/Brethalyzer Test - Joshua Michael Pruitt v. Commonwealth of Virginia 02/05/2008
Trial court did not err in admitting certificate of analysis of breathalyzer test where circumstantial proved time of accident and thus when appellant was driving under the influence, in denying motion to suppress statement that he was operator of vehicle, and in finding evidence sufficient to support conviction of driving under the influence, third offense in five years
070137 DUI/Traffic Offense- Jackson v. Commonwealth 11/02/2007 (Revised 11/06/2007)
In a case where a hospital emergency room nurse administered a physician-prescribed narcotic pain analgesic to the defendant, who shortly thereafter caused his car to collide with a telephone pole, leading to a charge of violating Code § 18.2-266 by driving under the influence of a narcotic drug or any other self-administered intoxicant, the meaning of the statutory phrase is quite clear: the narcotic drug that the operator of the motor vehicle is "under the influence of" must be self-administered. Finding no merit in the Commonwealth's arguments, the judgment of the Court of Appeals is reversed and the defendant's conviction for violation of Code § 18.2-266 is dismissed.
1356062 Driving While Intoxicated - John Boatwright, IV v. Commonwealth of Virginia 07/31/2007
As university police officer was within a statutorily prescribed distance from the jurisdictional limits of his service area, trial court properly denied motion to suppress and conviction of driving under the influence is affirmed
0972061 Third DUI/DWI Offense - George Edward Raab v. Commonwealth 05/01/2007
Trial court did not err in denying appellant's motion to suppress; appellant's conviction for driving under the influence, third or subsequent offense, is affirmed
3164052 Driving Under the Influence - Kenneth Wayne Turner v. Commonwealth 03/06/2007
Circuit court erred in amending the warrant to charge driving under the influence, second or subsequent offense after appellant had been acquitted of that charge in a court of competent jurisdiction; judgment is reversed, appellant's conviction for DUI second offense is set aside, and the case is remanded for resentencing on the conviction of driving under the influence, first offense
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