Driving Under Influence
Virginia Habitual Offender DUI Driving Under Influence Lawyers Attorneys Author: Atchuthan Sriskandarajah RICKY LANE HONAKER v. COMMONWEALTH OF VIRGINIA COURT OF APPEALS OF VIRGINIA February 21, 1995, Decided In 1983, Appellant, Ricky Lane Honaker, was convicted under a West Virginia sta...
Virginia Habitual Offender DUI Driving Under Influence Lawyers Attorneys
Author: Atchuthan Sriskandarajah
RICKY LANE HONAKER v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
February 21, 1995, Decided
In 1983, Appellant, Ricky Lane Honaker, was convicted under a West Virginia state law for driving while under the influence of alcohol (DUI). The Virginia Department of Motor Vehicles showing that Honaker had two Virginia convictions and one West Virginia conviction for driving while intoxicated. The court's finding was also based on a certified abstract of Honaker's West Virginia DUI conviction which showed that he pled guilty to "driving and operating a motor vehicle upon a public highway of [West Virginia] while under the influence of alcohol, to wit: Rt. 83/9 in the State Line Ridge area of McDowell County in violation of the West Virginia Code, Chapter 17C, Article 5, Section 2." Based on this previous convictions for DUI in Virginia and West Virginia, The Circuit Court of Buchanan County found that Honaker is an habitual offender in violation of Va. Code Ann. § 46.2-351(3). Appellant appealed and asserted that the West Virginia statute improperly served as a predicate for the habitual offender conviction.
Issue:
- Whether the West Virginia DUI law under which appellant was convicted, W. Va. Code § 17C-5-2, "substantially conforms" to Virginia's DUI law, Code § 18.2-266?
Discussion:
The court noted that if the conviction in West Virginia was based on conduct which was not a violation of the Virginia DUI provision, then to consider it under the habitual offender statute would expand the scope of the convictions which could be considered beyond what the legislature specifically authorized. The court then held that the trial court did not err when it found that the statute under which defendant was convicted in West Virginia, W. Va. Code § 17C-5-2, "substantially conformed" to Virginia's DUI law, Va. Code Ann. § 18.2-266. Although there were substantial differences between the two states' DUI provisions, because the prohibition under which defendant was convicted in West Virginia substantially conformed to § 18.2-266, it properly was used as a predicate offense for defendant's adjudication as a habitual offender. The court affirmed the judgment.
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
How do the police decide if i was driving under the influence of marijuana?
I was arrested for driving under the influence after being caught speeding. I failed a field sobriety test and they found two empty bags of marijuana (with nothign in it.) I didnt smoke that day, but i did the day prior and i submitted a urine test. Eventhough i wasnt driving under teh influence, when i go to court will they say i was?
Not preforming the FSEs properly and having the THC metabolites will be enough to get you convicted…usually.
Get a lawyer.
Prison Sentence……..less for contrition……more for argument.
…and to my mind. Deservedly so!
Sorry Elaine.
What is the likely sentence in this case for driving under the influence?
If someone were driving under the influence of alcohol and crashed into another person, and it caused them serious bodily harm, but did not kill them, what would the likely sentence be if they pleaded guilty or not guilty?
(This is in the UK)
What is the charge for possession of psychedelic mushrooms and driving under the influence in New Jersey?
What is the punishment if someone is charged with driving under the influence of and possession of psychedelic mushrooms in the state of New Jersey? They only had a small amount on them. As far as I know they don’t have any previous charges but am curious as to what their punishment is likely to be.
The charge also took place at a state park, IDK if this makes a difference or not.
I am not really sure, but they could be sent to jail for it. They must be illegal drugs and can be harmful, so it could be a minimum of 2 years.
That while he was in possession of the vehicle (not just driving it) that his BAV (blood alcohol volume) was greater than that proscribed by the law of the state or country where the offence happened.
What must be proved for a person to be charged with Driving Under the Influence?
What must be proved for a person to be charged with Driving Under the Influence?
What happens to a California commercial driver caught driving under the influence?
My kids dad was caught with illegal possesion of illegal substance and under influence of marijauna and meth. he went to jail and release. ca. dumptruck driver.
Your kid’s dad will lose his CDL for at least a year, if not longer, and that’s only if it’s his first offense. If it is his second, it will be three. On a first offense, most trucking companies will not hire anyone with a drug offense for one to three years after jail time and probation has been completed.
Since his CDL is his overall license, any suspension will apply to normal driving. CDL drivers are considered to be professional drivers. Therefore, the fines, suspensions, etc., are more harsh than if the person who received these charges had a regular license.
It’s a shame he took this chance. CDL drivers are under such scrutiny with the DOT, that his future in over-the-road transportation isn’t looking too bright. I wish I could have given you happier news, but this is the reality of professional driving and he should have never put the public, his family, and himself at risk by using in the first place. Good luck to you…Annie