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Home / Opinion Digests / Criminal Law / Key Position Means Driver Was ‘Operating’ Vehicle (access required)

Key Position Means Driver Was ‘Operating’ Vehicle (access required)

A defendant discovered passed-out behind the wheel of a vehicle, with the key in the ignition turned to the “on” or “accessory” position, was “operating” the vehicle under Virginia law, and the Supreme Court of Virginia affirms his conviction of DUI, fourth offense within 10 years. We have previously reviewed several driving under the influence cases ...

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