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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Castaneda v. Commonwealth - 7/5/1988
On this appeal Orestes Castaneda contends that his conviction for possession of cocaine with intent to distribute should be set aside (1) because the state police violated his fourth amendment rights by stopping him on the highway...
Morse v. Commonwealth - 6/21/1988
Michael Andra Morse seeks reversal of a judgment adjudicating him an habitual offender pursuant to Code § 46.1-387.1 et seq. He contends that the trial court erroneously relied upon a prior conviction when it declared him an...
Simmons v. Commonwealth - 6/21/1988
The appellant, Gary Lee Simmons, was convicted in a bench trial of operating a motor vehicle under the influence of alcohol in violation of Code § 18.2-266. Simmons contends that the initial stop of his motor vehicle at a...
Diggs v. Commonwealth - 5/17/1988
ON REHEARING EN BANC
In this appeal of a traffic infraction we conclude that a person whose operator's license has been suspended or revoked may not drive a moped on a public highway.
Diggs was convicted of operating a...
City of Norfolk v. Ingram - 4/22/1988
In this appeal, we decide whether a motor vehicle owner's direction to a user not to operate the vehicle while under the influence of intoxicants effectively limits the omnibus insurance coverage required under Code § 38.2-2204. ...
McCormick v. City of Virginia Beach - 12/15/1987
[5 VaApp Page 370] Cecil D. McCormick, Jr., was convicted in a bench trial of driving under the influence of alcohol (DUI), third offense, and driving on a revoked operator's license. He was sentenced on the DUI conviction to serve...
Sargent v. Commonwealth - 10/6/1987
Timmy Joe Sargent was tried by jury and convicted of driving under the influence of intoxicants (DUI), his third offense within five years. The trial court imposed a $1,000 fine and a three month jail sentence. In this appeal...
Durant v. City of Suffolk - 7/21/1987
Edsel Dixon Durant, Jr. (appellant) appeals from his bench trial conviction in the Circuit Court of the City of Suffolk (trial court) for driving under the influence of alcohol. Appellant argues that because he was arrested for a...
Bouldin v. Commonwealth - 4/21/1987
[4 VaApp Page 167] On November 27, 1985, the appellant, Thomas David Bouldin, III, was adjudged an habitual offender as defined in Code § 46.1-387.2. He was ordered not to operate a motor vehicle on the highways of the Commonwealth...
Wohlford v. Commonwealth - 12/2/1986
[3 VaApp Page 468] Philip Wohlford (appellant) was convicted of driving under the influence of alcohol and raises two issues on appeal. First, he contends that his conviction should be reversed because the arresting officer failed to...
Henshaw v. Commonwealth - 10/7/1986
Douglas Lee Henshaw was found guilty by a jury of driving under the influence and sentenced to ninety days in jail. In this appeal he contends that the court erred in refusing to allow a question of the venire about drinking and...
Dorn v. Commonwealth - 9/16/1986
[3 VaApp Page 111] In a civil proceeding on September 23, 1985, the trial court declared Wayne Marcus Dorn an habitual offender pursuant to the provisions of Code § 46.1-387.1 et seq. On appeal, Dorn contends that the principles of...
Chrisman v. Commonwealth - 9/16/1986
[3 VaApp Page 90] Ronald Lewis Chrisman (appellant) appeals from an order of the trial court which approved jury verdicts finding him guilty of two charges of exposing his genital parts to a child in violation of Code § 18.2-370(1...
Commonwealth v. Stanley - 9/5/1986
The Commonwealth of Virginia appeals from a judgment dismissing an information filed by the Commonwealth's Attorney alleging that Kenneth Lee Stanley's record of convictions shows that he is an habitual offender.
Code §...
Hall v. Commonwealth - 4/15/1986
Appellant was convicted of violating Code § 18.2-187.1 and raises two issues on this appeal. First, he contends that the prosecution of this charge was barred by the statute of limitations. Second, he contends that the evidence...
Wheeling v. City of Roanoke - 3/18/1986
David Murrell Wheeling was convicted by a jury of driving while under the influence of alcohol. We granted this appeal to consider whether the evidence was sufficient to support the conviction. We find that it was, and affirm. ...
Mitchell v. County of Hanover - 2/18/1986
Eleanor Mitchell was convicted of driving under the influence of alcohol in violation of Hanover County Code § 15-2. The court imposed a fine of $250 and suspended her operator's license for a period of six months. The issues...
Lowe v. Commonwealth - 11/27/1985
The question for decision in this criminal case is the legality of a roadblock established for the purpose of checking the sobriety of motor vehicle operators.
On Saturday, January 28, 1984, at 1:55 a.m., defendant Jimmy...
Baker v. Taylor - 3/8/1985
The question for decision in this wrongful death case is whether the trial court erred in excluding evidence of the defendant's consumption of alcohol prior to the motor vehicle accident in which the death occurred. Finding that...
Perricllia v. Commonwealth - 3/8/1985
Tried by a jury under an indictment charging him with the first-degree murder of James E. Mercer, Rex Allen Perricllia was found guilty of murder of the second degree. The trial court sentenced him in accordance with the jury...
Williams v. Commonwealth - 11/30/1984
On the night of January 7, 1983, the defendant, Charles Thomas Williams, was driving west on U.S. Route 460 in Bedford County when he struck and killed a pedestrian, Mark Forest Reeves. Charged with involuntary manslaughter,...
Price v. Commonwealth - 11/30/1984
In this criminal appeal, we examine the insanity defense as established in the Commonwealth and determine whether the defendant must prove the elements of the defense in the conjunctive or disjunctive. Specifically, we must decide...
Essex v. Commonwealth - 10/12/1984
In this case of first impression, we must determine whether driving under the influence of alcohol, resulting in a fatal collision, can supply the requisite element of implied malice to support a conviction of second-degree...
Shinault v. Commonwealth - 10/12/1984
[228 Va Page 270] In a bench trial, Bruce Anthony Shinault was convicted of driving a motor vehicle while under the influence of alcohol, and was punished as a third offender pursuant to Code § 18.2-270. In
imposing the...
Overbee v. Commonwealth - 4/27/1984
In a jury trial, Chuck Overbee was found guilty of operating a motor vehicle upon a public highway while under the influence of alcohol. The trial court, pursuant to the jury verdict, sentenced Overbee to serve thirty days in jail...
Commonwealth v. Brumfield - 10/15/1982
[224 Va Page 251] In this case we must determine whether a bond forfeiture, on a charge of driving under the influence of alcohol in another state, constitutes a "conviction" for the purposes of adjudicating the defendant an habitual...
Rhodes v. Commonwealth - 6/18/1982
The question presented in this case is whether the doctrine of collateral estoppel bars the Commonwealth from presenting, in a criminal case, evidence underlying another offense of which the defendant had previously been...
Rufty v. Commonwealth - 3/6/1981
Code § 18.2-270 provides enhanced punishment for any person convicted of two or more offenses of driving under the influence of intoxicants within a ten-year period. For purposes of § 18.2-270, a conviction under "the laws of...
Johnson v. Commonwealth - 1/16/1981
This case is the sequel to Johnson v. Commonwealth, 220 Va. 146, 255 S.E.2d 525 (1979). A judgment was entered by the court below in accordance with a jury's verdict, finding Major Henry Johnson, Jr., guilty of capital murder...
Lyons v. City of Petersburg - 6/6/1980
We affirm the conviction by the lower court, sitting without a jury, of Joseph L. Lyons, for operating a motor vehicle while under the influence of intoxicants in violation of an ordinance of the City of Petersburg.
The...
Padgett v. Commonwealth - 2/29/1980
Code § 19.2-294.1 is the focal point of the controversy in this case. This section provides:
"Whenever any person is charged with a violation of § 18.2-266 [the statute prohibiting driving while intoxicated] or any...
Hackman v. Commonwealth - 1/11/1980
[220 Va Page 711] Tried upon an indictment charging him with perjury in violation of Code § 18.2-434, Kent James Hackman was found guilty by a jury,
which fixed his punishment at confinement in jail for nine months and...
Simon v. Commonwealth - 10/5/1979
Bryan Allen Simon, defendant, was convicted of involuntary manslaughter following a motor vehicular accident causing the death of Joseph Patrick Crowe. The jury fixed defendant's punishment at three months in jail, and he was...
City of Virginia Beach v. Reneau - 4/22/1977
Per Curiam.
This appeal by the City of Virginia Beach is from an order of the circuit court dismissing a warrant charging Robert R. Reneau with refusing to take a blood or breath alcohol test.
The record shows Reneau...
Ange v. Commonwealth - 4/22/1977
Per Curiam.
This appeal is from a final judgment entered by the court below finding Robbie W. Ange guilty of operating a vehicle while under the influence of intoxicants in violation of Code § 18.1-54. The court imposed a...
King v. Commonwealth - 1/14/1977
COCHRAN, J., delivered the opinion of the court.
The trial court, sitting without a jury, tried the defendant Linda Diane King on two indictments charging her with involuntary manslaughter in the deaths of Gladys Harraway...
Williams v. City of Petersburg - 9/5/1975
COMPTON, J., delivered the opinion of the court.
In this appeal involving two misdemeanors, we affirm the convictions by the circuit court, sitting without a jury, of Franklin R. Williams for (1) operating a motor vehicle...
Miller v. Commonwealth - 4/22/1974
Per Curiam.
Irvin Samuel Miller was charged with operating an automobile while under the influence of intoxicants in violation of Code § 18.1-54 (1960 Repl. Vol.). The trial court, sitting without a jury, found Miller guilty...
Estes v. Commonwealth - 6/14/1971
Per Curiam.
In this case, Johnnie Edward Estes, the defendant, was declared by the trial court to be an habitual offender under the Virginia Habitual Offender Act (Code §§ 46.1-387.1 to 46.1-387.12), hereafter, the Act. This...
Deaner v. Commonwealth - 10/13/1969
HARRISON, J., delivered the opinion of the court.
The question involved here is whether the defendant, James Warren Deaner, having been arrested and taken into custody for operating a motor vehicle while under the influence...
Hammer v. Commonwealth - 6/13/1966
GORDON, J., delivered the opinion of the court.
The Commonwealth charged Hammer with entering an apartment at 225 Revere street, in the city of Newport News, on the night of May 12, 1964 with intent to commit rape. He...
Walton v. City of Roanoke - 12/2/1963
I'ANSON, J., delivered the opinion of the court.
This is an appeal by Charles Berkley Walton, the defendant, from a conviction of driving a motor vehicle while under the influence of alcohol in violation of an ordinance of...
Gardner v. Commonwealth - 5/3/1954
HUDGINS, C.J., delivered the opinion of the court.
James E. Gardner, hereinafter designated defendant, seeks by this writ of error a reversal of a judgment convicting him of driving an automobile while under the influence of...
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