Virginia Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Virginia or Court of Appeals of Virginia where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Hudson v. Commonwealth - 9/12/2003
PRESENT: ALL THE JUSTICES
William C. Hudson ("Hudson") appeals his conviction in the Circuit Court of Chesterfield County for refusing to submit to a breath test in violation of Code § 18.2-268.3. Prior to trial Hudson moved to...
Commonwealth v. Elliott - 9/4/2003
David Garland Elliott (appellee) was indicted for possession of cocaine with the intent to distribute, in violation of Code § 18.2-248. He filed a motion to suppress the cocaine, as evidence collected in violation of his Fourth...
[W] Hunt v. Commonwealth - 9/2/2003
Marcus Hunt entered a conditional plea of guilty for (1) possession of a firearm while in possession of cocaine, in violation of Code § 18.2-308.4(B), and (2) possession of cocaine with the intent to distribute, in violation of Code...
Barrett v. Commonwealth - 8/26/2003
Argued at Chesapeake, Virginia
Amy Jean Barrett appeals her conviction, following a jury trial, for two counts of felony child abuse, in violation of Code § 18.2-371.1(A) and 18.2-371.1(B). Barrett contends the trial court erred...
Jackson v. Commonwealth - 7/29/2003
Argued at Richmond, Virginia
Upon Rehearing En Banc
The trial court found the appellant, Jerald Lorenzo Jackson, guilty of possession of cocaine (Code § 18.2-250), possession of a concealed weapon (Code § 18.2-308), and...
Carter v. Commonwealth - 7/8/2003
Argued at Richmond, Virginia
MEMORANDUM OPINION
Chickan Carter was convicted in a bench trial of felony burglary, in violation of Code § 18.2-89, and misdemeanor peeping, in violation of Code § 18.2-130. On appeal, Carter...
Rorech v. Commonwealth - 7/8/2003
Argued at Alexandria, Virginia
MEMORANDUM OPINION
James J. Rorech challenges the sufficiency of the evidence supporting his conviction for driving under the influence in violation of Code § 18.2-266(ii). We find the...
Cousins v. Commonwealth - 6/24/2003
Argued at Richmond, Virginia
MEMORANDUM OPINION
Herbert H. Cousins, appellant, appeals his conviction for driving or operating a motor vehicle while under the influence of alcohol, in violation of Code § 18.2-266. On...
Griffin v. Griffin - 6/17/2003
Argued at Richmond, Virginia
Andrea Griffin appeals a decision of the trial court granting her estranged husband weekly visitation with her son -- a child fathered by another man while the Griffins were separated. On appeal, she...
Holley v. Amherst County Dep't of Social Services - 6/10/2003
MEMORANDUM OPINION
Shawn Bradley Holley (father) appeals a decision of the trial court terminating his parental rights to his son Wilson, pursuant to Code § 16.1-283(B) and (C). On appeal, father contends the trial court erred...
Dugger v. Commonwealth - 5/20/2003
John Terry Dugger, the appellant, claims the jury erred when it convicted him of driving under the influence of alcohol (second or subsequent offense) in violation of Code §§ 18.2-266 and 18.2-270(B), as well as operating a vehicle...
Dotson v. Commonwealth - 5/6/2003
Argued at Richmond, Virginia
MEMORANDUM OPINION
Michael Joseph Dotson (appellant) appeals from his bench trial conviction for driving under the influence in violation of Code § 18.2-266, his second such offense in five...
Norman v. Commonwealth - 5/6/2003
Argued at Salem, Virginia
George Halcott Norman, III appeals his conviction, after a bench trial, for driving as an habitual offender, second or subsequent offense. Norman contends the trial court erred in determining that he...
Walker v. Commonwealth - 4/22/2003
Argued at Chesapeake, Virginia
MEMORANDUM OPINION
Lee Walker was convicted in a bench trial of driving under the influence of alcohol ("DUI"), third or subsequent offense, in violation of Code §§ 18.2-266 and 18.2-270. On...
Allstate Insurance Co v. Wade - 4/17/2003
This is a consolidated appeal from a judgment awarding compensatory and punitive damages for injuries suffered in an automobile accident. The issues involve whether the jury should have received information concerning the potential...
Duncan v. Commonwealth - 4/8/2003
Argued at Richmond, Virginia
MEMORANDUM OPINION
UPON A REHEARING EN BANC
On August 27, 2002, a unanimous panel of this Court reversed and dismissed the conviction of appellant, Carlton Wendell Duncan, for felony...
Webb v. Commonwealth - 3/18/2003
Argued at Richmond, Virginia
MEMORANDUM OPINION
Anton Lavelle Webb, appellant, was convicted of driving under the influence ("DUI") in violation of Code § 18.2-266. Webb's conviction was elevated to a felony offense for...
Cephas v. Commonwealth - 3/4/2003
Argued at Alexandria, Virginia
MEMORANDUM OPINION
In a bench trial, the trial court convicted Bradford W. Cephas, Jr. (appellant) of driving under the influence (DUI) (third offense) and driving after having been declared...
Oliver v. Commonweath - 3/4/2003
Argued at Alexandria, Virginia
Herbert Eugene Oliver appeals his conviction after a bench trial for driving under the influence of alcohol, in violation of Code § 18.2-266. We affirm the judgment of the trial court.
Officer...
Bourne v. Commonwealth - 3/4/2003
Argued at Alexandria, Virginia
MEMORANDUM OPINION
Dennis Roger Bourne (appellant) appeals from his jury trial convictions for driving under the influence, second offense; causing serious bodily injury while driving under...
Williams v. Commonwealth - 2/28/2003
In this appeal, we consider whether the Court of Appeals erred in holding that Code § 18.2-270 permits enhanced punishment for driving under the influence (DUI), third offense, when a defendant was not convicted of his second DUI...
Wright v. Commonwealth - 2/11/2003
Argued at Salem, Virginia
Thomas Tyler Wright appeals his conviction, after a bench trial, for maiming, in violation of Code § 18.2-51.4. Wright contends the trial court erred in finding the evidence sufficient to establish that...
Gravely v. Commonwealth - 1/21/2003
Argued at Salem, Virginia
MEMORANDUM OPINION
On appeal, Roy Duran Gravely challenges the trial court's finding of a violation of probation and a revocation of his suspended sentence on a conviction for driving under the...
Lowe v. Commonwealth - 1/14/2003
Argued at Salem, Virginia
MEMORANDUM OPINION
Daniel Matthew Lowe (Lowe) appeals a ruling of the Circuit Court of Smyth County denying his motion to vacate a previous order of the Circuit Court of Tazewell County in which...
Cubitt v. Commonwealth - 12/17/2002
MEMORANDUM OPINION
A judge convicted Michelle Lynn Cubitt for driving under the influence of alcohol, in violation of Code § 18.2-266, and for driving after having been adjudicated an habitual offender, in violation of Code §...
Virginia Department of State v. Barton - 12/17/2002
JUDGE G. STEVEN AGEE
The Virginia Department of State Police ("VDSP") issued James C. Barton ("Barton"), a sworn state trooper and employee of the Commonwealth, a written notice of disciplinary action and suspended him for three...
Archer v. Commonwealth - 12/17/2002
MEMORANDUM OPINION
James Dale Archer appeals his conviction of driving under the influence, Code § 18.2-266. He contends the police improperly administered the sobriety checkpoint, which rendered his initial seizure unlawful. We...
King v. Commonwealth - 12/3/2002
Argued at Alexandria, Virginia
On February 21, 2001, Arlington County Sheriff's Deputy Randy Hill stopped Antonio Frederick King, the appellant, for a traffic violation. After determining that King was driving on a suspended...
Starkell v. Geris - 11/26/2002
MEMORANDUM OPINION
Steve Starkell appeals from a final order of the trial court granting the petition of Thomas and Glenda Geris to adopt Starkell's birth daughter, A.Q.S. Starkell contends the trial court erred in finding (1)...
Dalo v. Commonwealth - 11/1/2002
In this appeal, the Court reviews a judgment of the Court of Appeals of Virginia which affirmed a circuit court judgment convicting the accused of involuntary manslaughter, in violation of Code § 18.2-36.1, after he had been convicted...
Wilson v. Commonwealth - 5/28/2002
Argued at Richmond, Virginia
MEMORANDUM OPINION
Itemus Wilson appeals his jury trial convictions for burglary, petit larceny, and tampering. He argues that the trial court erred by 1) denying his motion to suppress...
Cleveland v. Commonwealth - 4/30/2002
The trial judge convicted Kenneth Charles Cleveland of a felony offense, under Code § 46.2-357(B)(2), of driving while having the status of an habitual offender. Cleveland contends the trial judge rendered impermissible, inconsistent...
Kenyon v. Commonwealth - 3/19/2002
Argued at Chesapeake, Virginia
FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON Wilford Taylor, Jr., Judge
Douglas Robert Kenyon (appellant) appeals from his bench trial conviction for driving under the influence (DUI)...
Councill v. Commonwealth - 3/12/2002
Argued at Richmond, Virginia
FROM THE CIRCUIT COURT OF THE CITY OF WILLIAMSBURG AND COUNTY OF JAMES CITY Samuel Taylor Powell, III, Judge
Warren M. Councill (appellant) was convicted in a bench trial of driving under the...
Jackson v. Commonwealth of Virginia - 3/5/2002
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF PAGE COUNTY John J. McGrath, Jr., Judge
Joe R. Jackson (Jackson) was found guilty by the Page County Circuit Court of driving under the influence, third or subsequent offense,...
Interim Personnel of Central Virginia - 3/1/2002
FROM THE CIRCUIT COURT OF THE CITY OF CHARLOTTESVILLE Edward L. Hogshire, Judge
In these appeals arising from a single action alleging negligent hiring, the dispositive question is whether the trial court erred in ruling that...
Thorpe v. Commonwealth - 2/19/2002
Argued at Alexandria, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF FAUQUIER COUNTY Carleton Penn, Judge Designate
Joseph Donald Thorpe, Jr. appeals an order of the trial court which revoked his suspended...
Goodman v. Commonwealth - 1/29/2002
FROM THE CIRCUIT COURT OF THE CITY OF DANVILLE James F. Ingram, Judge
Charles Patrick Goodman (appellant) appeals from his bench trial convictions for driving under the influence of alcohol (DUI) and aggravated involuntary...
Guy v. Commonwealth - 1/8/2002
Argued at Salem, Virginia
FROM THE CIRCUIT COURT OF HALIFAX COUNTY William L. Wellons, Judge
MEMORANDUM OPINION
Sylvester Leo Guy (appellant) appeals from his bench trial conviction for driving while intoxicated, his...
Carter v. Commonwealth - 12/27/2001
Argued at Alexandria, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF FAUQUIER COUNTY Thomas D. Horne, Judge
Kevin Eugene Carter (appellant) was convicted in a jury trial of unlawfully driving a motor vehicle...
Nelson v. Commonwealth - 12/18/2001
Argued at Salem, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF FRANKLIN COUNTY William N. Alexander, II, Judge
Edward Harold Nelson, Sr., (appellant) appeals from his jury trial convictions for conspiracy to...
Chase v. Commonwealth - 12/4/2001
Argued at Richmond, Virginia
FROM THE CIRCUIT COURT OF POWHATAN COUNTY Thomas v. Warren, Judge
On appeal from his conviction for driving while under the influence of alcohol, in violation of Code § 18.2-266, Dane Lesley...
Dalo v. Commonwealth - 11/20/2001
Argued at Chesapeake, Virginia
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH A. Bonwill Shockley, Judge
Mario Udasco Dalo (appellant) was convicted in a bench trial of involuntary manslaughter, in violation of Code §...
Monger v. Commonwealth - 11/20/2001
Argued at Richmond, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF HALIFAX COUNTY William L. Wellons, Judge
Venessa M. Monger appeals from an order of the trial court affirming the decision of the Department...
Wesley v. Commonwealth - 11/13/2001
FROM THE CIRCUIT COURT OF AMHERST COUNTY J. Michael Gamble, Judge
On appeal from his bench trial conviction of driving while under the influence of alcohol, in violation of Code § 18.2-266, Darnell Anthony Wesley contends that...
Hegedus v. Commonwealth - 10/30/2001
Argued at Richmond, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF THE CITY OF BUENA VISTA Humes J. Franklin, Jr., Judge
James M. Hegedus was convicted in a bench trial of driving under the influence of...
Rollins v. Commonwealth - 10/30/2001
Argued at Richmond, Virginia
FROM THE CIRCUIT COURT OF ORANGE COUNTY Daniel R. Bouton, Judge
John H. Rollins was convicted in a bench trial of driving under the influence of alcohol in violation of Code § 18.2-266, his...
Edwards v. City of Virginia Beach - 9/25/2001
Argued at Chesapeake, Virginia
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH A. Bonwill Shockley, Judge
MEMORANDUM OPINION
Johnnie Lang Edwards (appellant) was convicted in a bench trial of driving under the...
Commonwealth v. Southerly - 9/14/2001
Present: All the Justices
FROM THE COURT OF APPEALS OF VIRGINIA
This appeal presents a claim stemming from Baker v. Commonwealth, 28 Va. App. 306, 504 S.E.2d 394 (1998), aff'd per curiam, 258 Va. 1, 516 S.E.2d 219 (1999)...
Johnson v. Commonwealth - 8/7/2001
Argued at Richmond, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY
Buford M. Parsons, Jr., Judge Designate
The trial court convicted Corey Evander Johnson of possession of marijuana,...
McNair v. Commonwealth - 7/31/2001
Argued at Richmond, Virginia
FROM THE CIRCUIT COURT OF GREENSVILLE COUNTY James A. Luke, Judge
MEMORANDUM OPINION
On appeal from his bench trial conviction of operating a motor vehicle while under the influence of...
Allen v. Commonwealth - 7/31/2001
Argued at Salem, Virginia
FROM THE CIRCUIT COURT OF THE CITY OF DANVILLE James F. Ingram, Judge
Reginald Lee Allen (the appellant) was convicted, in a bench trial, in the Circuit Court for the City of Danville of fourth...
Ramsey v. Commonwealth - 7/10/2001
As amended December 18, 2001.
ERNEST WILLIAM RAMSEY v. COMMONWEALTH OF VIRGINIA
Andrew E. Weaver for appellant. Donald E. Jeffrey, III, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for...
Derrick v. Commonwealth - 6/26/2001
Argued by teleconference
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH Edward W. Hanson, Jr., Judge
William A. Derrick (appellant) was convicted by a jury of driving while intoxicated, third...
Foster v. Commonwealth - 6/26/2001
Argued at Chesapeake, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF SOUTHAMPTON COUNTY Rodham T. Delk, Jr., Judge
Jack Foster appeals his convictions, after a bench trial, for driving under the influence of...
Molchon v. Tyler - 6/8/2001
Present: All the Justices
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Kathleen H. MacKay, Judge
In this appeal, we consider whether the trial court properly confirmed a jury verdict in favor of the plaintiffs in a wrongful...
Breitbach v. Commonwealth - 6/5/2001
FROM THE CIRCUIT COURT OF LOUISA COUNTY Daniel R. Bouton, Judge
On appeal from his conviction of operating a motor vehicle while under the influence of alcohol, in violation of Code § 18.2-266, Shannon Michael Breitbach...
Calhoun v. Commonwealth - 5/22/2001
Argued at Alexandria, Virginia
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Jonathan C. Thacher, Judge
Carvin Calhoun, appellant, appeals his felony conviction of driving while intoxicated, third offense within ten years, in...
Wells v. Commonwealth - 5/1/2001
Argued at Richmond, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF PRINCE GEORGE COUNTY James A. Luke, Judge
Appellant, Bill Larry Wells, appeals the trial court's denial of his motion to suppress evidence of...
Dickerson v. Commonwealth - 3/27/2001
Argued at Salem, Virginia
FROM THE CIRCUIT COURT OF PITTSYLVANIA COUNTY B.A. Davis, III, Judge Designate
Appellant, Vincent Dickerson, appeals his conviction for possession of cocaine with the intent to distribute. He...
Gregory v. Commonwealth - 3/13/2001
Argued at Richmond, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY Herbert C. Gill, Jr., Judge
Jason Wayne Gregory appeals his convictions, after bench trials, for capital murder, robbery,...
Bauguess v. Commonwealth - 2/13/2001
Argued at Salem, Virginia
MEMORANDUM OPINION *
FROM THE CIRCUIT COURT OF THE CITY OF DANVILLE James F. Ingram, Judge
Appellant, Dallas Monroe Bauguess, was convicted in a bench trial for driving after being adjudged...
Roberts v. Commonwealth - 2/6/2001
Argued at Alexandria, Virginia
FROM THE CIRCUIT COURT OF FREDERICK COUNTY James L. Berry, Judge
On appeal, Anthony Rumont Roberts (appellant) contends the trial court erred in (1) refusing to set aside the verdicts due to...
Richardson v. County of Prince William - 2/6/2001
Argued at Alexandria, Virginia
FROM THE CIRCUIT COURT OF PRINCE WILLIAM COUNTY Frank A. Hoss, Jr., Judge
Appellant was convicted of driving while intoxicated, second or subsequent offense. On appeal, appellant contends that...
Holmes v. Commonwealth - 1/30/2001
MEMORANDUM OPINION
JUDGE ROBERT P. FRANK
FROM THE CIRCUIT COURT OF THE CITY OF DANVILLE James F. Ingram, Judge
Dereck Lamont Holmes (appellant) was convicted in a bench trial of two counts of felonious assault and...
Anderson v. Commonwealth - 1/16/2001
Argued at Salem, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF AMHERST COUNTY J. Michael Gamble, Judge
Vincent Anderson (appellant) was convicted in a bench trial of driving after having been declared a...
[W] Asby v. Commonwealth - 1/9/2001
OPINION WITHDRAWN April 16, 2002.
PAUL TREVOR ASBY v. COMMONWEALTH OF VIRGINIA
J. Barry McCracken (Cook & McCracken, on briefs), for appellant. Eugene Murphy, Assistant Attorney General (Mark L. Earley, Attorney...
Groggins v. Commonwealth - 11/28/2000
FROM THE CIRCUIT COURT OF BOTETOURT COUNTY George E. Honts, III, Judge
A jury convicted Philip Butler Groggins of driving under the influence of alcohol in violation of Code § 18.2-266. He argues the trial court erred by...
Thieman v. Commonwealth - 11/7/2000
Argued at Salem, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF ALLEGHANY COUNTY
Duncan M. Byrd, Jr., Judge
Warren Lee Thieman was convicted in a jury trial of driving while under the influence of...
Varga v. Commonwealth - 11/3/2000
FROM THE COURT OF APPEALS OF VIRGINIA
In this appeal, we consider whether the trial court in 1998 properly convicted a defendant of driving after being declared an habitual offender under Code § 46.2-357(A) (formerly Code §...
Morrissey v. Virginia State Bar ex rel Third District Committee - 11/3/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Alfred D. Swersky, Kenneth E. Trabue, and H. Thomas Padrick, Jr., Judges
I.
In this appeal of right by an attorney from an order of suspension,...
Ringer v. Commonwealth - 10/17/2000
Argued at Alexandria, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF STAFFORD COUNTY
Ann Hunter Simpson, Judge
Shannon David Ringer (appellant) was convicted in a bench trial of perjury, in violation of...
Hargrove v. Commonwealth - 10/17/2000
Argued at Richmond, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF HENRICO COUNTY
Catherine C. Hammond, Judge
Daitrone Lamar Hargrove appeals his conviction of unlawful possession of marijuana. He...
Squire v. Commonwealth - 10/17/2000
Argued at Richmond, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF HENRICO COUNTY
Catherine C. Hammond, Judge
Antoine Harvey Squire appeals his conviction of possession with intent to distribute...
Walker v. County Of Chesterfield - 10/10/2000
MEMORANDUM OPINION *
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY Herbert C. Gill, Jr., Judge
Levi Milton Walker appeals his conviction of driving under the influence. He contends that Chesterfield County improperly...
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