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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Ogden v. Commonwealth - 8/24/1993
JUDGE LAWRENCE L. KOONTZ, JR.
Matthew D. Ogden (Ogden) was adjudicated an habitual offender on April 10, 1992, pursuant to Code § 46.2-351. Ogden contends on appeal that his May 5, 1989 conviction for driving while...
Mazza v. Commonwealth - 8/17/1993
OPINION BY
JUDGE JOSEPH E. BAKER
In this appeal from his bench trial convictions by the Circuit Court of the City of Danville (trial court) for third-offense operation of a motor vehicle while under the influence of...
Fraser v. Commonwealth - 7/27/1993
OPINION BY JUDGE SAM W. COLEMAN III
Charles D. Fraser was convicted of driving while intoxicated in violation of Code § 18.2-266 and was punished therefor as provided by Code § 18.2-270 (penalty statute) for a second...
Neiss v. Commonwealth - 7/27/1993
OPINION BY JUDGE SAM W. COLEMAN III
Gregory S. Neiss appeals his conviction for driving while intoxicated. He contends that his arrest was unlawful because it was outside the limits of Fairfax City and, therefore, the...
Gray v. Commonwealth - 7/27/1993
MEMORANDUM OPINION JUDGE MARVIN F. COLE
John Gray was convicted in a bench trial of driving while intoxicated, his second offense. On appeal, Gray contends that the charge should have been dismissed when the Commonwealth failed...
Crabtree v. Commonwealth - 7/20/1993
BY JUDGE SAM W. COLEMAN III
Robert T. Crabtree was convicted of driving on a suspended operator's license in violation of Code § 46.2-301. On appeal, he contends that the court order suspending his license was invalid because...
Graham v. Commonwealth - 6/22/1993
BY JUDGE JOSEPH E. BAKER
Larry Edward Graham (appellant) appeals from a judgment of the Circuit Court of the City of Roanoke (trial court) that approved his jury trial conviction for second offense driving under the influence....
Talley v. Commonwealth - 6/8/1993
OPINION BY JUDGE LARRY G. ELDER
Elizabeth Ann Talley appeals from her conviction for driving under the influence in violation of Code § 18.2-266. On appeal, she argues that the trial court erred in holding that the blood...
Reinemer v. Commonwealth - 6/8/1993
OPINION BY JUDGE JERE M.H. WILLIS, JR.
On May 4, 1981, the Circuit Court of Fairfax County convicted Jonathan Reinemer of four counts of manslaughter and sentenced him to three years incarceration on each charge. The court...
Kemp v. Commonwealth - 5/11/1993
OPINION BY JUDGE JAMES W. BENTON, JR.
On this appeal from a conviction of driving a motor vehicle while intoxicated in violation of Code § 18.2-266, Robert H. Kemp, Jr. contends that the trial Judge erred in admitting the...
Rice v. Commonwealth - 5/11/1993
OPINION BY
JUDGE LARRY G. ELDER
Elwood Wilton Rice, Jr., appeals his conviction for possession of marijuana with the intent to distribute. He argues that the trial court erred in concluding that the evidence was...
Hammond v. Commonwealth - 5/11/1993
OPINION BY
CHIEF JUDGE NORMAN K. MOON
Frederick J. Hammond, appellant, seeks reversal of his driving under the influence (DUI) conviction on the grounds that the trial Judge refused to admit in evidence (1) that...
Penton v. City of Norfolk - 3/23/1993
OPINION BY JUDGE LARRY G. ELDER
Charles F. Penton, Jr. and John David Hudgins appeal from their convictions under Norfolk City Code § 25-251 for driving while under the influence. Apart from the fact that Hudgins's offense...
Slater v. Commonwealth - 1/12/1993
OPINION BY JUDGE JERE M.H. WILLIS, JR.
Convicted in a bench trial of operating a motor vehicle after having been declared an habitual offender, the appellant, Robert L. Slater, Jr., contends (1) that his conviction was...
Thurston v. City of Lynchburg - 12/15/1992
OPINION BY CHIEF JUDGE LAWRENCE L. KOONTZ, JR.
In a bench trial in the Circuit Court of the City of Lynchburg, Malcolm Glenn Thurston, appellant, was convicted of driving under the influence of alcohol in violation of...
Bolda v. Commonwealth - 11/10/1992
OPINION BY JUDGE JAMES W. BENTON, JR.
Michael Robert Bolda was convicted of possession of psilocyn in violation of Code §§ 18.2-250 and 54.1-3446(3 ). On appeal, Bolda contends the trial Judge erred in overruling his...
Claxton v. City of Lynchburg - 9/29/1992
OPINION BY CHIEF JUDGE LAWRENCE L. KOONTZ, JR.
James Thomas Claxton (Claxton), appellant, was convicted of driving under the influence (DUI) as a second offense and refusing to submit to a blood or breath test. Claxton...
Breeden v. Commonwealth - 9/29/1992
OPINION BY JUDGE LARRY G. ELDER
Brenda Breeden, appellant, appeals from her conviction of driving under the influence of alcohol in violation of Code § 18.2-266(ii ). She contends that she should not have been convicted of...
Layne v. Commonwealth - 9/1/1992
OPINION BY JUDGE SAM W. COLEMAN III
Tammy Renee Layne was convicted in a bench trial for driving while intoxicated in violation of Code § 18.2-266. She contends that the arresting officer illegally stopped and detained...
Thomas v. Commonwealth - 6/5/1992
OPINION BY CHIEF JUSTICE HARRY L. CARRICO
On January 23, 1991, Douglas Christopher Thomas, then seventeen years of age, appeared in juvenile court charged with first degree murder in the killing of James Baxter
...
Driscoll v. Commonwealth - 5/19/1992
Opinion BY JUDGE BERNARD G. BARROW
The appellant appeals from an adjudication that he is an habitual offender. We affirm this determination because, even though the trial court erred in ruling that certain offenses were...
Stevenson v. City of Falls Church - 4/17/1992
Opinion BY JUSTICE HENRY H. WHITING
The sole issue in this appeal is whether the evidence is sufficient to support the trial court's finding that the accused was operating a motor vehicle while intoxicated.
Falls...
West v. Commonwealth - 4/14/1992
The appellant, Carol Linda West, challenges the sufficiency of her July 15, 1986 conviction under a Covington ordinance of driving while under the influence of alcohol as a predicate offense for her adjudication as an habitual...
Moore v. Commonwealth - 3/24/1992
OPINION BY JUDGE LARRY G. ELDER
Richard Carl Moore, Jr., appellant, appeals from his conviction for violating Code § 46.2-357, operation of a motor vehicle after having been adJudged an habitual offender. On appeal,...
Flaherty v. Commonwealth - 3/24/1992
OPINION BY JUDGE LARRY G. ELDER
Dana Lynn Flaherty, appellant, appeals from a final order of the Circuit Court of Clarke County adjudicating her an habitual offender, revoking her privilege to operate a motor vehicle for ten...
Hall v. Commonwealth - 3/10/1992
OPINION BY JUDGE JERE M.H. WILLIS, JR.
Convicted in a jury trial of second degree murder of his wife, the appellant, Robert James Hall, Jr., contends that the trial court erred (1) in admitting evidence of the attempt by...
Curtis v. Commonwealth - 2/11/1992
ON REHEARING EN BANC
Keith Lamont Curtis appeals his conviction for the attempted capital murder of Dominica Harris in the commission of or subsequent to rape. Curtis had been convicted previously in Richmond for one of the...
Sink v. Commonwealth - 1/21/1992
[13 VaApp Page 545] William Lee Sink seeks reversal of a final judgment, entered on October 9, 1990, adjudicating him to be an habitual offender. He argues that the Commonwealth waived its right to have him adJudged an habitual...
Hoambrecker v. City of Lynchburg - 1/14/1992
This appeal is from a conviction of driving while under the influence of alcohol, a second offense. We are asked to determine whether the arresting officer, a member of the Lynchburg City Police Department, had authority to arrest...
Anderson v. Commonwealth - 1/14/1992
Junius Anderson, Jr. appeals from a conviction for driving under the influence of alcohol. He argues that the conviction must be reversed because the evidence proved that he was not lawfully arrested. For the reasons that follow,...
Penn v. Commonwealth - 12/10/1991
In a bench trial, George Dennis Penn III was convicted of possession of cocaine. He was sentenced to five years in the penitentiary and fined $500. On appeal, Penn contends that the trial court erred by refusing to suppress...
Cox v. Commonwealth - 11/26/1991
This appeal is from a finding by the trial court that the appellant is an habitual offender under Code § 46.2-351. We hold that the trial court erred in finding that a West Virginia ordinance substantially conforms to provisions...
County of Fairfax v. Southern Iron Works Inc. - 11/8/1991
JUSTICE KEENAN delivered the opinion of the Court.
In this appeal, Fairfax County seeks reversal of a decision in which the trial court declared invalid the Zoning Ordinance Amendment (ZOA) enacted by the Board of...
Lash v. County of Henrico - 10/29/1991
[13 VaApp Page 252] [13 VaApp Page 251] In a bench trial on July 9, 1989, Christopher L. Lash, appellant, pursuant to Henrico County Ordinance 14-2, was convicted of reckless driving with intent to elude a police officer in...
Turner v. Commonwealth - 9/3/1991
William Harold Turner, Jr. and Charles William Basham contend on appeal that the trial court abused its discretion and denied them due process of law in denying their motions for referral to VASAP. We agree. Accordingly, we...
Commonwealth v. Holtz - 8/20/1991
DUFF, J.
UPON HEARING EN BANC
This is an appeal from an October 3, 1989, judgment of the Circuit Court of Fairfax County dismissing an information filed in an habitual offender proceeding. The Commonwealth filed the...
Potts v. Commonwealth - 8/6/1991
DUFF, J.
Kenneth M. Potts was convicted of drunk driving as a third offense and for refusal to submit to a blood or breath test. He appeals his conviction for drunk driving alleging (1) the testimony of the arresting police...
Wendel v. Commonwealth - 7/16/1991
COLEMAN, J.
Following a bench trial in the Circuit Court of the City of Richmond, Charles T. Wendel, Jr., was found guilty of driving while intoxicated in violation of Code § 18.2-266. When arrested, Wendel was informed...
Wyle v. Professional Services Industries Inc. - 6/18/1991
MOON, J.
685 Barry H. Wyle seeks reversal of an Industrial Commission decision denying him benefits because of his willful misconduct. We hold that the evidence was not sufficient to show that he was guilty of willful misconduct...
Martin v. Commonwealth - 6/7/1991
CHIEF JUSTICE CARRICO delivered the opinion of the Court.
In this appeal involving convictions of attempted murder and use of a firearm in the commission of attempted murder, we consider the Supreme Court's new "same...
Hoye v. Commonwealth - 6/4/1991
WILLIS, J.
By order of December 21, 1989, the appellant, Richard Allan Hoye, was "declared an habitual offender pursuant to Section 46.2-351 of the 1950 Code of Virginia." This determination was based on proof that the...
Curtis v. Commonwealth - 5/21/1991
COLE, J.
Keith Lamont Curtis appeals his conviction for the attempted capital murder of Dominica Harris in the commission of or subsequent to rape. The sole issue on appeal is whether the prosecution for attempted capital...
Nash v. Commonwealth - 5/21/1991
KOONTZ, J.
In a bench trial held on October 31, 1989, David Wayne Nash, appellant, was convicted of driving under the influence of alcohol pursuant to Code § 18.2-266 and sentenced to thirty days in jail, fined $300, and...
Carson v. Commonwealth - 5/14/1991
BARROW, J.
Appealing convictions for possession of marijuana with intent to distribute and possession of cocaine with intent to distribute, the defendant contends the arresting officer violated his fourth amendment rights...
Taylor v. Commonwealth - 4/30/1991
BENTON, J.
Alexander L. Taylor was convicted of operating a motor vehicle in violation of Code § 18.2-266(i ), while having a blood alcohol concentration (BAC) of 0.10 percent or more by weight by volume as indicated by a...
Davis v. Commonwealth - 4/30/1991
KOONTZ, J. [12 VaApp Page 409] In a jury trial held on March 1, 1988, Steven Blake Davis, appellant, was convicted of felony homicide pursuant to Code § 18.2-33 and sentenced to eight years imprisonment. On appeal, Davis, who is an...
Farmer v. Commonwealth - 4/23/1991
MOON, J.
UPON A REHEARING EN BANC
We granted a rehearing en banc to the Commonwealth after a panel of this Court reversed Michael Larry Farmer's driving under the influence conviction. See Farmer v. Commonwealth, 10...
Wolfe v. Baube - 4/19/1991
JUSTICE STEPHENSON delivered the opinion of the Court.
The dispositive issue in this appeal is whether the evidence supports a jury finding that the plaintiff's decedent was guilty of willful and wanton negligence.
L....
Commonwealth v. Rafferty - 3/1/1991
JUSTICE WHITING delivered the opinion of the Court.
In this case, we must decide whether the Commonwealth can appeal from a finding of not guilty in a prosecution for unreasonably refusing to submit to a blood or breath...
Ferrell v. Commonwealth - 12/11/1990
BAKER, J.
Larabee Bryan Ferrell (appellant) was indicted, tried by jury in the Circuit Court of the City of Chesapeake (trial court), and convicted of: (1) breaking and entering the storehouse of Bill Elliott's Used Autos...
Simmers v. Commonwealth - 12/4/1990
DUFF, J.
In June, 1985, Roger Oliver Simmers was convicted of leaving the scene of an accident. On appeal, he contends that the trial court erred in refusing to vacate its sentencing order which suspended his penitentiary...
Weinbender v. Commonwealth - 11/20/1990
MOON, J.
Betty Weinbender contends the court erred in her driving under the influence trial by allowing the arresting officer to testify as to an out of court statement made in her presence by another driver as to the time...
Hack v. Nester - 11/9/1990
JUSTICE WHITING delivered the opinion of the Court.
In this appeal of a motor vehicle collision case, we deal with the dispositive issues of negligent entrustment and punitive damages.
Approximately 5:45 p.m. on...
Reardon v. City of Manassas - 10/30/1990
BARROW, J.
In this criminal appeal, we hold that City of Manassas ordinance § 17-331 successfully incorporates Code § 18.2-266(i ) by reference. The appellant contends that by including the words "pertaining to driving...
Fairfax County v. Espinola - 10/2/1990
KOONTZ, J.
Fairfax County (the County) appeals a decision of the Industrial Commission awarding benefits to Mario E. Espinola, claimant, for disability due to an occupational disease. On appeal, he County contends that the...
Basfield v. Commonwealth - 10/2/1990
WILLIS, J.
John E. Basfield was convicted of operating a motor vehicle while under the influence of alcoholic beverages or other self-administered intoxicants or drugs. On appeal, he complains that the trial court erred in...
Eaton v. Commonwealth - 9/21/1990
[240 Va Page 239] JUSTICE RUSSELL delivered the opinion of the Court.
On appeal, we review the capital murder conviction and death sentence imposed upon Dennis Wayne Eaton for the murder of Virginia State Master Trooper...
Commonwealth v. Knott - 9/11/1990
KOONTZ, C.J.
The Commonwealth appeals a decision of the Circuit Court of Fairfax County dismissing an information against Kristy Ann Knott for adjudication as an habitual offender. The court held that Fairfax County Code §...
Williams v. Commonwealth - 7/31/1990
Harry Sanders Williams was convicted of driving under the influence of intoxicants in violation of code § 18.2-266. Williams seeks reversal of his conviction, arguing that the trial court erroneously admitted into evidence the...
Commonwealth v. Burns - 7/30/1990
CHIEF JUSTICE CARRICO delivered the opinion of the Court.
As pertinent here, Code § 18.2-255.2, the so-called "Drug-Free Zone Act," makes it a separate felony, with additional punishment, for any person to distribute...
Robertie v. City of Fairfax - 5/22/1990
[10 VaApp Page 401] The defendant appeals his conviction for refusing to submit to having a breath or blood sample taken following his arrest for driving while intoxicated in the City of Fairfax. After his arrest in the City of...
Thore v. Chesterfield County Board of Supervisors - 5/8/1990
Betty L. Thore appeals the decision of the Industrial Commission which found that her injury did not arise in the course of her employment. We conclude that her injury did arise in the course of her employment, and we reverse. ...
Farmer v. Commonwealth - 4/10/1990
In a January 8, 1988 bifurcated trial by jury, Michael Larry Farmer, appellant, was convicted of driving under the influence (DUI), a third or subsequent offense within five years in violation of Code § 18.2-266, and of driving...
Paige v. City of Lynchburg - 4/3/1990
We hold that Code § 19.2-81, which permits police officers, under certain circumstances, to make warrantless misdemeanor arrests at hospitals, does not limit those arrests to misdemeanors committed in the arresting officer's...
Potter v. Commonwealth - 3/27/1990
Herbert Potter was adjudged an habitual offender under Code § 46.1-387.2. Potter was ordered to surrender his operator's license and to cease operation of any motor vehicle until such time as his privilege to drive was restored....
Crandol v. City of Newport News - 11/10/1989
In this case, we review the legality of a roadblock established to check the sobriety of motor vehicle operators.
Pursuant to an administrative decision by the local police department, on Friday, November 28, 1986, at...
Simmons v. Commonwealth - 6/9/1989
In this appeal, we examine the constitutionality of a roadblock established for the purpose of checking the equipment and the registration of motor vehicles.
At 8:00 p.m. on July 10, 1986, two Virginia State Troopers set up...
Davis v. Commonwealth - 6/6/1989
[8 VaApp Page 292] Kenneth Palestine Davis was convicted in a bench trial pursuant to Code § 18.2-266(i ) of driving a motor vehicle while he had a blood alcohol concentration of .10 percent or more by weight by volume as indicated...
Walters v. Commonwealth - 5/16/1989
The appellant, James Andrew Walters, was adjudged an habitual offender under Code § 46.1-387.2(a) in Hanover County Circuit Court. The court suspended Walters' privilege to drive upon the highways of the Commonwealth for ten...
Stumpf v. Commonwealth - 5/2/1989
Michael Wayne Stumpf appeals from the Circuit Court of Prince William County his conviction for first-degree murder and robbery. Although he had confessed to the murder, Stumpf contends that extrajudicial statements by his wife...
Booth v. Robertson - 11/18/1988
In this personal injury case arising out of an automobile accident, the plaintiff, Doris Martin Booth, sought both compensatory and punitive damages from the defendant, George Barnitz Robertson. The trial court permitted the jury...
Christopher Driver v. Commonwealth - 8/16/1988
This is an appeal of a conviction of unreasonably refusing to take a blood or breath test as required by Code § 18.2-268. Because the record does not reflect why a blood test was unavailable, we reverse and dismiss the defendant's...
Holley v. City of Newport News - 7/19/1988
In this appeal, Geraldine K. Holley asserts that her failure to file a transcript within sixty days after entry of judgment does not bar consideration of the merits of her case. She appeals from an order revoking probation which...
Servis v. Commonwealth - 7/5/1988
[6 VaApp Page 510] Appellant, Clyde Earl Servis, III, appeals his convictions of possession of drug paraphernalia with intent to distribute in violation of Code § 18.2-265.3, possession of marijuana with the intent to distribute in...
Darnell v. Commonwealth - 7/5/1988
Norma Jean Darnell was convicted by a jury of involuntary manslaughter in the death of a police officer and sentenced to eight years in prison. She appeals that conviction on two grounds: (1) the jury was improperly instructed on...
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