DUI Virginia Warrant Motor Vehicle Intoxication Lawyers Lee County

DUI Virginia Warrant Motor Vehicle Intoxication Lawyers Lee County

Danny v. Commonwealth
Facts:

Defendant appealed his conviction in the Circuit Court of Lee County (Virginia) for impaired driving, a violation of Va. Code Ann. § 18.1-56.1.

DUI Virginia Warrant Motor Vehicle Intoxication Lawyers Lee County

DUI Virginia Warrant Motor Vehicle Intoxication Lawyers

Issue:
  • Whether the trial court erred in denying defendant’s motion to quash the warrant?
Discussion:

Defendant had been charged with unlawfully operating a motor vehicle over the highways while under the influence of intoxicants or self administered drugs. He was tried in the county court and acquitted of the charge, but was found guilty of impaired driving. Defendant contended that the trial court erred in denying his motion to quash the warrant because the terms of the impaired driving statute did not permit his prosecution in the circuit court upon a charge of impaired driving. He contended that he could not be prosecuted or convicted for a violation of § 18.1-56.1 except as a lesser included offense of a prosecution for violation of Va. Code Ann. § 18.1-54. The court affirmed, finding that § 18.1-56.1 did not permit an interpretation that required automatic dismissal of every charge of impaired driving reaching a court of record on appeal. The court found that the language of Va. Code Ann. § 18.1-56.1 made it clear that impaired driving was a lesser included offense included within the driving under the influence statute. The court held that the statutory definition of impaired driving was sufficient to withstand an attack of vagueness. The court affirmed defendant’s impaired driving conviction.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.