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Tag Archives: Traffic Offenses

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 ...

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Traffic Offenses – DUI – ‘Highway’ – Public Access (access required)

Based on an aerial photograph and detailed description of the parking lot with through access, open to the public, the area where defendant was operating his motor vehicle was a “highway” under Virginia law, and defendant can be convicted of ...

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Traffic Offenses – DUI – Involuntary Intoxication – Ambien – Sleep-Driving (access required)

Although defendant’s BAC did not show alcohol and showed only a normal range for a therapeutic dose of his Ambien prescription, as well as Benadryl, the Court of Appeals says the trial court did not err in rejecting defendant’s theory ...

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Traffic Offenses – DUI – Fourth Offense – Blood Test Results (access required)

In this case, the totality of the circumstances when an officer on patrol observed defendant in his vehicle, including the fact that defendant was swerving between traffic lanes in a manner potentially endangering himself and others on the road, yelling ...

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Old lab report procedure invalid under Melendez, court holds (access required)

Following the U.S. Supreme Court’s holding in Melendez-Diaz, the Supreme Court of Virginia has acknowledged Virginia’s former procedure for admission of lab reports in criminal trials failed to safeguard a defendant’s rights under the Confrontation Clause. The decision today in ...

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(Speed) Traps for the unwary

It’s another holiday weekend. That means another press release from the National Motorists Association warning drivers about where you are likely to get caught speeding. The NMA bills itself as a “motorists’ rights group.” Back around the 4th of July, ...

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