Go to navigation Go to content
Phone: 804.673.5600
Bob Battle Law

Get Help Now

Need Help? Have Questions? Fill out the quick contact form below and we'll will be in contact soon!

Passed out with radio on and ignition off is "Operating" for Virginia DUI

Comments (0)

The Virginia Supreme Court has held that a defendant who was drunk with the radio on and ignition off was "operating" for purposes of Virginia Code § 18.2-266. Click to read the entire decision in Nelson v. Commonwealth.

As legal commentator Steven Emmert points out in his "Virginia Appellate News & Analysis" blog:
"Judging from the cases cited today, in all of the Supreme Court’s prior decisions affirming convictions, either the car was moving or the engine was running.  This is, as far as I know, the first time in our Commonwealth’s history when the Supreme Court has affirmed a conviction of DUI when the engine has been turned off."

Dissenting Justice Koontz dissented citing earlier dissents by previous justices stating that the defendant was being convicted of "occupying" and not "operating" a vehicle while under the influence.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
Be the first to comment!

Post a Comment

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Message:*

Notify me of follow-up comments via email.