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Home / Opinion Digests / Traffic Offenses – DUI – Implied Consent Law – Test Refusal (access required)

Traffic Offenses – DUI – Implied Consent Law – Test Refusal (access required)

A Fairfax Circuit Court rejects defendant’s claim that the implied consent statute, Va. Code § 18.2-268.3, is unconstitutionally vague, and denies his motion to dismiss the charge of refusal to submit to an intoxication test. Defendant argues that Code § 18.2-258.3 fails to establish an “immutable standard” of guilt, and the statute provides a court with ...