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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ST. clair v. City of Lynchburg - 11/24/1998
MEMORANDUM OPINION *fn*
FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG Mosby G. Perrow, III, Judge
John Mason St. Clair (appellant) appeals from his bench trial conviction for driving under the influence of alcohol, second...
Jones v. Commonwealth - 11/17/1998
MEMORANDUM OPINION *fn* BY
FROM THE CIRCUIT COURT OF MECKLENBURG COUNTY Charles L. McCormick, III, Judge
Shawn Aubrey Jones (appellant) appeals from his bench trial conviction for driving under the influence of alcohol in...
Webb v. Rivers - 11/6/1998
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Randall G. Johnson, Judge
In this appeal, we consider whether the trial court erred in striking the plaintiff's claim for punitive damages.
The plaintiff, Sidney M. Webb, filed...
Loflin v. Commonwealth - 6/30/1998
Argued at Richmond, Virginia
FROM THE CIRCUIT COURT OF NEW KENT COUNTY Samuel T. Powell, III, Judge
Lawrence D. Loflin (appellant) appeals the trial court's order denying his petition to restore his driving privilege....
Dyer v. Commonwealth - 6/30/1998
Brandon Alexandria Dyer (appellant) was convicted of possession of cocaine with the intent to distribute in violation of Code SectionE18.2-248 and possession of marijuana in violation of Code SectionE18.2-250.1. He contends the trial...
Harris v. Commonwealth - 6/16/1998
Argued at Richmond, Virginia
FROM THE CIRCUIT COURT OF SPOTSYLVANIA COUNTY, William H. Ledbetter, Jr., Judge.
James E. Harris, Jr. (appellant) appeals his conviction of possession of cocaine in violation of Code...
Ricks v. Commonwealth - 6/2/1998
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Donald W. Lemons, Judge
Jimmy Ricks was convicted of carrying a knife "about his person, hidden from common observation" in violation of Code § 18.2-308. He contends the trial Judge...
Watkins v. Commonwealth - 6/2/1998
OCTOBER 14, 1997
FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG Richard S. Miller, Judge
Appellant, John Edward Watkins, s/k/a John Edward Watkins, Sr., appeals his conviction for feloniously operating a motor vehicle...
Myers v. Commonwealth - 5/5/1998
MEMORANDUM OPINION BY
Clarence Myers was convicted of driving after being declared an habitual offender, driving under the influence of alcohol, and refusing to submit to a breath test. He appealed only the conviction of driving...
Pound v. Town of Front Royal - 5/5/1998
MEMORANDUM OPINION
Simon Pound and Arnold Zinnecker were charged with driving under the influence in violation of a Front Royal town ordinance. Prior to trial, each defendant filed a motion to dismiss asserting that the town...
Thomas v. Thomas - 4/28/1998
MEMORANDUM OPINION
This appeal arises from an order resolving child custody issues raised by Deborah C. Thomas (the mother) and John R. Thomas (the father). The mother contends that the trial court erred in awarding the parties...
Martinez v. Commonwealth - 4/28/1998
MEMORANDUM OPINION
Antonio D. Martinez was charged and convicted of driving after having been declared an habitual offender. He contends that the Commonwealth failed to prove that he had actual knowledge of his status. We find...
Neal v. Commonwealth - 4/28/1998
John Leslie Neal (appellant) was convicted in a jury trial of operating a motor vehicle after having been declared an habitual offender in violation of Code § 46.2-357(3) and operating a motor vehicle while intoxicated in violation of...
Jackson v. Commonwealth - 4/17/1998
I. PROCEEDINGS
On September 1, 1994, 16-year-old Chauncey Jacob Jackson was arrested and incarcerated on charges of capital murder and five other felonies. The alleged crimes had all occurred the day before. On September 21,...
Gnadt v. Commonwealth - 4/14/1998
Charlton E. Gnadt, Jr. was charged with sexual battery in violation of Code § 18.2-67.4. At the Conclusion of the Commonwealth's case-in-chief, the court granted a motion to strike the charge of sexual battery and amended the charge to...
Samuels v. Commonwealth - 4/14/1998
Argued at Salem, Virginia
Larry E. Samuels was convicted of driving on a suspended license, see Code § 46.2-301, and driving a motor vehicle while under the influence of alcohol (DUI) as a third offense. See Code §§ 18.2-266 and...
Harris v. Commonwealth - 3/24/1998
Lamont Ernest Harris ("appellant") appeals the sentence imposed by the trial court following his guilty plea to the charge of possessing heroin with intent to distribute. He contends the trial court violated the Due Process Clause of...
Snider v. Commonwealth - 3/3/1998
OPINION BY
Curtis S. Snider was convicted in a bench trial of operating a motor vehicle upon a public highway while under the influence of alcohol, in violation of Code § 18.2-266. He contends the trial Judge erred by admitting...
White v. Commonwealth - 1/27/1998
Code § 19.2-294.1 provides that "henever any person is charged with [driving under the influence of alcohol] . . . and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall...
Betancourt v. Commonwealth - 1/20/1998
Argued at Alexandria, Virginia
FROM THE CIRCUIT COURT OF LOUDOUN COUNTY
James H. Chamblin, Judge
Cassondra Sue Betancourt (appellant) was convicted in a jury trial of first degree murder in violation of Code §...
Williams v. Commonwealth - 1/13/1998
MEMORANDUM OPINION *fn*
FROM THE CIRCUIT COURT OF WASHINGTON COUNTY
Charles H. Smith, Jr., Judge
Ernie Williams, who had been declared an habitual offender, was driving his pickup truck in Washington County when he...
Amaya-Portillo v. Commonwealth - 12/9/1997
MEMORANDUM OPINION *fn
FROM THE CIRCUIT COURT OF ARLINGTON COUNTY
William T. Newman, Jr., Judge
In a bench trial, Isaac Amaya-Portillo (appellant) was convicted in the Circuit Court of Arlington County of driving...
Hughes v. Commonwealth - 11/25/1997
Argued at Alexandria, Virginia
MEMORANDUM OPINION *fn
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
Jack B. Stevens, Judge
Robert E. Hughes (appellant) appeals his conviction of driving under the influence of...
Mitchell v. Commonwealth - 11/10/1997
Argued at Salem, Virginia
FROM THE CIRCUIT COURT OF BOTETOURT COUNTY
George E. Honts, III, Judge
Stephen Wayne Mitchell was convicted of driving a motor vehicle while under the influence of alcohol, his third offense...
Murray v. Commonwealth - 11/4/1997
Argued at Alexandria, Virginia
MEMORANDUM OPINION *fn*
FROM THE CIRCUIT COURT OF FREDERICK COUNTY
James L. Berry, Judge
Jason Robert Murray (appellant) appeals his conviction of operating a motor vehicle in...
Watkins v. Commonwealth - 10/14/1997
FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG Richard S. Miller, Judge
Appellant, John Edward Watkins, s/k/a John Edward Watkins, Sr., appeals his conviction for feloniously operating a motor vehicle after having been...
Nicely v. Commonwealth - 9/16/1997
FROM THE CIRCUIT COURT OF ALLEGHANY COUNTY Duncan M. Byrd, Jr., Judge
Julie Kay Nicely (defendant) was convicted in a bench trial of driving under the influence of alcohol, a second like offense committed within five years, and...
Sheppard v. Commonwealth - 9/9/1997
Argued at Salem, Virginia
FROM THE CIRCUIT COURT OF THE CITY OF MARTINSVILLE
Charles M. Stone, Judge
Elvin William Sheppard was a passenger in an automobile that was stopped by the police at a license checking...
Sheppard v. Com. - 9/9/1997
OPINION BY
Elvin William Sheppard was a passenger in an automobile that was stopped by the police at a license checking roadblock. He was convicted of possession of cocaine and possession of marijuana discovered by the police...
Hanley v. Commonwealth - 6/24/1997
Argued at Richmond, Virginia
FROM THE CIRCUIT COURT OF WARREN COUNTY
Dennis L. Hupp, Judge
MEMORANDUM OPINION *
John Patrick Hanley appeals his convictions of driving under the influence and driving on a...
Cregger v. Commonwealth - 6/24/1997
Argued at Salem, Virginia
FROM THE CIRCUIT COURT OF WYTHE COUNTY
J. Colin Campbell, Judge
Stephen L. Cregger (defendant) was convicted in a bench trial of driving "while having a blood alcohol content of 0.08 percent...
Anderson v. Commonwealth - 6/17/1997
Argued at Richmond, Virginia
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Thomas N. Nance, Judge
Following a bench trial, appellant, Carl E. Anderson, was convicted of DUI, third offense, and operating a motor...
Schill v. Schill - 6/10/1997
Argued at Richmond, Virginia
MEMORANDUM OPINION *
FROM THE CIRCUIT COURT OF HENRICO COUNTY
George F. Tidey, Judge
Gilbert Everett Schill (husband) appeals the trial court's awards of equitable distribution,...
Leonard v. County of Spotsylvania - 6/3/1997
Argued at Richmond, Virginia
MEMORANDUM OPINION *
FROM THE CIRCUIT COURT OF SPOTSYLVANIA COUNTY
William H. Ledbetter, Jr., Judge
Lester Lynn Leonard (appellant) appeals from his bench trial conviction by the...
Propst v. Commonwealth - 6/3/1997
FROM THE CIRCUIT COURT OF ISLE OF WIGHT COUNTY
Westbrook J. Parker, Judge
James Bernard Propst (appellant) appeals his bench trial conviction for driving or operating a motor vehicle while intoxicated in violation of Code...
Cogan v. Commonwealth - 5/27/1997
Argued at Richmond, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF HANOVER COUNTY
Richard H.C. Taylor, Judge
Steven Phillip Cogan (appellant) was convicted of driving under the influence of alcohol...
Harty v. Commonwealth - 4/29/1997
Argued at Salem, Virginia
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF ROCKBRIDGE COUNTY
George E. Honts, III, Judge
Grellan J. Harty (appellant) appeals his conviction of driving while under the influence of...
Calloway v. Commonwealth - 4/22/1997
Argued by Teleconference
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF AMHERST COUNTY
J. Michael Gamble, Judge
Ruth Bettie Calloway (appellant) appeals her conviction of driving under the influence of alcohol, a...
Mills v. Commonwealth - 3/25/1997
Argued at Salem, Virginia
FROM THE CIRCUIT COURT OF WASHINGTON COUNTY
Charles H. Smith, Jr., Judge
In this appeal from conviction of multiple traffic infractions and other misdemeanors, we hold that the trial Judge's...
Eichblatt v. County of Roanoke - 3/18/1997
Argued by Teleconference
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF ROANOKE COUNTY
Roy B. Willett, Judge
Timothy James Eichblatt appeals his conviction for driving on a suspended operator's license. Eichblatt...
Payne v. Commonwealth - 3/11/1997
Argued at Alexandria, Virginia
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
Jane Marum Roush, Judge
Walter L. Payne, Jr. was adJudged an habitual offender under Code § 46.2-355. On appeal, he contends (1) that the...
City of Virginia Beach v. Siebert - 2/28/1997
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH
John K. Moore, Judge
The sole issue in this appeal is whether a municipality has a right of appeal to the circuit court from a general district court judgment dismissing...
Young v. Lambert - 2/28/1997
FROM THE CIRCUIT COURT OF THE CITY OF ROANOKE
Richard C. Pattisall, Judge
In this appeal, we consider whether the trial court erred in instructing the jury on assumption of the risk.
On October 25, 1991, Phillip M....
Joseph v. Commonwealth - 12/10/1996
FROM THE CIRCUIT COURT OF ROANOKE COUNTY Kenneth E. Trabue, Judge Designate
Donald Jeffrey Joseph and Jeffrey Wayne Hodges (appellants) were arrested and convicted in bench trials for driving while intoxicated in violation of...
Wilson v. Commonwealth - 11/12/1996
OPINION BY JUDGE NELSON T. OVERTON
This appeal poses the question whether the administrative impoundment of defendant's vehicle pursuant to Code § 46.2-301.1 combined with the later criminal sentence for driving on a suspended...
Brewster v. Commonwealth - 10/29/1996
OPINION BY JUDGE JOHANNA L. FITZPATRICK.
On October 3, 1994, Ricky Dee Brewster (appellant) was convicted in a jury trial of speeding to elude. The sole issue in this appeal is whether the phrase "serious bodily injury" in Code §...
Mottern v. Commonwealth - 10/29/1996
MEMORANDUM OPINION* BY JUDGE ROSEMARIE ANNUNZIATA.
Following a bench trial, appellant, Stephen Clyde Mottern, was convicted of driving while intoxicated. Appellant contends the trial court erred in denying his request for a...
Staup v. Commonwealth - 10/22/1996
MEMORANDUM OPINION* BY JUDGE JOHANNA L. FITZPATRICK
Following a bench trial, Vincent Lloyd Virgil Staup (appellant) was adJudged to be an habitual offender pursuant to Code § 46.2-351. Appellant contends that the trial court...
Nicely v. Commonwealth - 10/22/1996
OPINION BY JUDGE JOHANNA L. FITZPATRICK
Gregory Scott Nicely and Antonia Scott Via (appellants) were arrested for driving while intoxicated in violation of Code § 18.2-266, and their driver's licenses were suspended for seven...
Cartier v. Commonwealth - 10/15/1996
MEMORANDUM OPINION* BY JUDGE JOHANNA L. FITZPATRICK
Michael J. Cartier was convicted of grand larceny and burglary on April 18, 1995. Code §§ 18.2-91 and 18.2-95. Cartier contends the Commonwealth failed to prove beyond a...
Addison v. Commonwealth - 10/1/1996
MEMORANDUM OPINION* BY JUDGE ROSEMARIE ANNUNZIATA
Following a bench trial in the Circuit Court of Fairfax County, appellant, Emory Allen Addison, was convicted of driving under the influence of alcohol. Appellant challenges the...
Brame v. Commonwealth - 9/13/1996
OPINION BY CHIEF JUSTICE HARRY L. CARRICO
This appeal presents two questions, (1) whether the judicial suspension of a person's operator's license for one year based upon his refusal to submit to a blood or breath test when he...
Simmons v. Commonwealth - 9/13/1996
OPINION BY CHIEF JUSTICE HARRY L. CARRICO
This appeal presents the question whether the trial court erred in holding that neither res judicata nor collateral estoppel bars a court from suspending a person's operator's license...
Mejia v. Commonwealth - 9/10/1996
On appeal from his conviction of operating a motor vehicle after illegally consuming alcohol, in violation of Code § 18.2-266.1(A), Jacinto Mejia contends that the trial court erred in denying his motion to strike the evidence, which...
Jones v. City of Lynchburg - 9/10/1996
Alfred McKinley Jones (appellant) appeals his conviction for driving with a prohibited blood alcohol level, in violation of Lynchburg Code § 25-162. Appellant contends that the trial court erred in failing to dismiss the drunk driving...
Charles v. Commonwealth - 9/10/1996
OPINION BY JUDGE LARRY G. ELDER
Scott Allen Charles (appellant) appeals his conviction for operating a motor vehicle after illegally consuming alcohol under the age of twenty-one, in violation of Code § 18.2-266.1. Appellant...
Brown v. Commonwealth - 8/27/1996
MEMORANDUM OPINION* BY JUDGE ROSEMARIE ANNUNZIATA
Stacey Jay Brown appeals his conviction for driving under the influence of alcohol. He contends that he was stopped at a police roadblock in violation of his Fourth Amendment...
Thomas v. Commonwealth - 7/30/1996
OPINION BY JUDGE JAMES W. BENTON, JR.
Ulysses L. Thomas was convicted of driving after having been declared an habitual offender, Code § 46.2-357, and of refusal to permit blood or breath samples to be taken for alcohol tests,...
Robinette v. Commonwealth - 7/9/1996
MEMORANDUM OPINION* BY JUDGE MARVIN F. COLE
The appellant, Ernest Clinton Robinette, was convicted of driving under the influence of alcoholic beverages or other self-administered intoxicants and/or drugs, second offense, in...
Haack v. Fairfax County - 7/2/1996
MEMORANDUM OPINION* BY JUDGE CHARLES H. DUFF
Lynn B. Haack (appellant) appeals from a judgment of the Circuit Court of Fairfax County finding her guilty of driving while intoxicated in violation of a Fairfax County ordinance. ...
Elco Concrete Co. v. Tracy - 6/25/1996
MEMORANDUM OPINION* BY CHIEF JUDGE NORMAN K. MOON
Elco Concrete Co. Inc., and Valley Forge Insurance Company appeal from the decision by the Workers' Compensation Commission awarding benefits to David Tracy. The employer claims...
Norton v. Commonwealth - 6/25/1996
MEMORANDUM OPINION* BY JUDGE JERE M. H. WILLIS, JR.
On appeal from his conviction of possession of cocaine, Randall Lee Norton contends that the evidence is insufficient to support his conviction. We agree and reverse.
On...
Griswold v. Commonwealth - 6/7/1996
OPINION BY SENIOR JUSTICE HENRY H. WHITING
This is an appeal of a conviction for operating a vehicle under the influence of intoxicants (DUI), as a second conviction within 5 to 10 years of a first DUI conviction. The primary...
Price v. Commonwealth - 5/28/1996
MEMORANDUM OPINION* BY JUDGE JAMES W. BENTON, JR.
Willie Albert Price appeals from a conviction of driving under the influence of alcohol in violation of Code
§ 18.2-266(ii). He contends that the trial Judge erred in...
Stacy v. Commonwealth - 5/14/1996
OPINION BY SAM W. COLEMAN III
Kimberly Dawn Stacy appeals her conviction for driving while intoxicated in violation of Code § 18.2-266. Stacy contends that the trial court erred by admitting the results of an alka-sensor test at...
Ward v. City of Virginia Beach - 5/14/1996
MEMORANDUM OPINION* BY JUDGE ROSEMARIE ANNUNZIATA
Appellant, Bennie Ward, Jr., was convicted in the general district court of one count of DUI, second offense. In circuit court, appellant pled guilty to a misdemeanor second...
Huffman v. Commonwealth - 4/23/1996
MEMORANDUM OPINION* BY JUDGE JOHANNA L. FITZPATRICK
Tony Douglas Huffman (appellant) was convicted in a bench trial of driving after having been adjudicated an habitual offender in violation of Code § 46.2-357. On appeal, he...
Terpstra v. Commonwealth - 4/9/1996
MEMORANDUM OPINION* BY JUDGE NELSON T. OVERTON
Earl A. Terpstra was convicted at a bench trial of driving a motor vehicle while intoxicated, a violation of Code § 18.2-266. He appeals his conviction on the grounds that (1) the...
Berry v. Commonwealth - 4/2/1996
OPINION BY CHIEF JUDGE NORMAN K. MOON
Ricardo Berry appeals his conviction of distribution of cocaine, having previously been convicted of a like offense. Code § 18.2-248. Berry argues that the trial court erred in denying his...
Walker v. City of Lynchburg - 3/26/1996
OPINION BY JUDGE JERE M. H. WILLIS, JR.
On appeal from his conviction of operating a motor vehicle while under the influence of alcohol, Norman Luther Walker contends the trial court erred in holding that the City of Lynchburg...
Lankford v. Commonwealth - 3/26/1996
MEMORANDUM OPINION* BY JUDGE RICHARD S. BRAY
Mark Andrew Lankford (defendant) was convicted by the trial court of driving under the influence of alcohol (DUI), third offense. On appeal, defendant complains that this conviction...
Durrette v. County of Spotsylvania - 3/19/1996
OPINION BY JUDGE LARRY G. ELDER
Ricky Mason Durrette (appellant) appeals his conviction for driving under the influence of alcohol in violation of Spotsylvania County Code § 12-86 and Virginia Code § 18.2-266. Appellant contends...
Hurley v. Commonwealth - 3/5/1996
MEMORANDUM OPINION* BY JUDGE SAM W. COLEMAN III
John D. Hurley was convicted in a bench trial of driving under the influence of alcohol, second offense. Hurley contends that the evidence is insufficient to prove that he operated...
Brantley v. City of Danville - 2/20/1996
MEMORANDUM OPINION BY JUDGE SAM W. COLEMAN III
William Bryant Brantley was charged and convicted of driving under the influence of alcohol in violation of Danville City Ordinance §§ 21-48 and 21-49.3. Brantley contends that §...
Loving v. Commonwealth - 2/20/1996
MEMORANDUM OPINION BY JUDGE LARRY G. ELDER
Will Rogers Loving, Jr. (appellant) appeals his conviction for use of a firearm in the commission of a murder in violation of Code § 18.2-53.1. Appellant asserts (1) the trial court,...
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