subject: Virginia Improper Driving Traffic Violation 4.1-305 Loudoun County Prince William Virginia Beach Fredericksburg [print this page] WILBURN JUNIOR HALE v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
December 10, 1996, Decided
The curve was three hundred feet from the stop sign. Trooper testified that during the course of his investigation, he observed that appellant's eyes were bloodshot and he detected what he believed to be an odor of alcohol. Trooper verified that appellant was under the age of twenty-one. He then charged appellant with reckless driving and possession of alcohol by a person under the age of twenty-one.
Whether the evidence was sufficient to support defendant's conviction for improper driving?
Whether the evidence of prior consumption of an alcoholic beverage is sufficient to sustain a conviction for "possession" of such beverage?
1) Whether the evidence was sufficient to support defendant's conviction for improper driving?
The Court held that "The record discloses that appellant was driving at night, with admitted poor night vision, on a paved secondary road with which he claimed unfamiliarity and that he approached an unobstructed stop sign, skidded through the stop sign and intersection, and drove over an embankment causing damage to his vehicle. We hold that evidence sufficient to support his conviction for improper driving
2) Whether the evidence of prior consumption of an alcoholic beverage is sufficient to sustain a conviction for "possession" of such beverage?
The Court held that "the evidence proved that appellant was under the age of twenty-one. The record reveals that at the scene, appellant's eyes were bloodshot, the odor of alcohol about his person was detected, and an alcosenser test confirmed the presence of alcohol in his body system. In addition, appellant told the investigating officer that he had consumed a beer earlier that same day within the Commonwealth at Pennington Gap. Under the facts shown, we hold that the evidence is sufficient to support appellant's conviction for possessing a beer in Lee County in violation of Code 4.1-305.
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
Virginia Improper Driving Traffic Violation 4.1-305 Loudoun County Prince William Virginia Beach Fredericksburg
By: Atchuthan Sriskandarajah
welcome to Insurances.net (https://www.insurances.net)
