Va Dui
Virginia's DUI statute, Va. Code Ann. § 18.2-266 Revoked Driving License Lawyers Attorneys Author: Atchuthan Sriskandarajah DONALD E. WILLIAMS, COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES, THE DEPARTMENT OF MOTOR VEHICLES, AND COMMONWEALTH OF VIRGINIA v. ROGER EULIS HALE COURT OF A...
Virginia's DUI statute, Va. Code Ann. § 18.2-266 Revoked Driving License Lawyers Attorneys
Author: Atchuthan Sriskandarajah
DONALD E. WILLIAMS, COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES, THE DEPARTMENT OF MOTOR VEHICLES, AND COMMONWEALTH OF VIRGINIA v. ROGER EULIS HALE
COURT OF APPEALS OF VIRGINIA
September 21, 1993, Decided
The appellee, driver, was convicted of "driving under the influence by consent" in the state of Tennessee. As a consequence of the driver's conviction, the Department revoked his driver's license, registration, and license plates. The revocation order was set aside by the circuit court, which concluded that the crime for which the driver was convicted in Tennessee did not constitute a crime under Virginia's DUI statute, Va. Code Ann. § 18.2-266. Appellants, the Virginia Department of Motor Vehicles, the Department's Commissioner, and the Commonwealth of Virginia, challenged a judgment of the Circuit Court for the County of Buchanan (Virginia), which set aside an order revoking the driving privileges of appellee driver.
Issue:
- Whether substantial evidence in this record supports the revocation order issued by the DMV?
The Court finds that the proof under Tennessee's statute that a person is "under the influence of any intoxicant" is sufficiently comparable to proof under Code § 18.2-266 that the person's ability to drive safely is impaired. Moreover the record clearly established that the driver had been properly convicted under the Tennessee statute, Tenn. Code Ann. § 55-10-401, noting that the driver had pleaded guilty to the crime and that the conviction had been affirmed by Tennessee's appellate courts. Noting that the proof required for conviction under the Tennessee statute was sufficiently comparable to the proof required under the parallel Virginia statute. Hence this court concludes that the offense for which the driver had been convicted in Tennessee constituted a violation of Va. Code Ann. § 18.2-266. Accordingly, the judgment of the trial court is reversed and the order of the DMV reinstated.
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
You will be put on SR22. The cost will be outrageous. Basically your name is put in a hat and the unlucky company that draws your name has to insure you. Otherwise no insurance company would touch you.
What are the consequences of a DUI on a dirt bike in VA after being declared a habitual offender?
My husband was stopped for a DUI on a dirtbike in VA, he is a habitual offender from 2003 and is currently on probation – please let me know what he is facing.
Is my license still valid in Northern VA after a DUI in DC?
My license was suspended for a DUI in DC but got to keep my license in VA. I check the DMV site daily and still says my license is valid. Does anyone have any info on this? Let me know and please no obnoxious comments thank you.
Can I get a job with a VA contract if I have a misdemeanor DUI conviction from last year?
The position is a healthcare IT position within a VA hospital contract and I have a masters degree. I have received a formal offer but the background checks are just beginning.
will the insurance company cancel my car insurance after a DUI in VA?
i got a dui in VA, is offence, .08 bac, well i got convicted of yesterday.
i have to do a DWI Education classes and have a restricted licence to drive to work. my insurancce is still valid for a good 6 months. do i have to inform the insurance company, will i lose my insurance, do i need a sr22 or not. please advice..
It is considered a felony and he is looking at a minimum of 1yr with a maximum of 5 years and a 2500.00 fine. Your husband should get in touch with an attorney in your area to be better advised of his options
http://www.dmv.state.va.us/webdoc/citizen/drivers/if_drive.asp
I would say probably.
It’s a misdemeanor. I work in the military-industrial complex with a secret clearance. They are generally only concerned with felonies and really bad credit histories.
I wouldn’t worry about the background check, but I definitely wouldn’t lie about it. The attempt to conceal information is always worse than the information itself.
Is the urine test given when you enter a VA jail for dui a test 4 marijuana, or just other narcotics?
The standard tests given upon entering a jail are for Marijuana, Cocaine, Methamphetamine, and the Opiates.
Because the Opiates all come from Papaver Somniferum…the test will show a positive indication for Heroin, Codeine, Morphine, etc.