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Alexandria DUI Virginia 18.2-266 Driving Under Influence Alcohol DMV

MATHURIN NGOMONDJAMI v. COMMONWEALTH OF VIRGINIA

Record No. 0500-08-4

COURT OF APPEALS OF VIRGINIA

54 Va. App. 310

June 30, 2009, Decided

Issues:

• Whether the trial court erred in not granting the defendant’s proffered jury instruction defining “operating a motor vehicle?”
• Whether the Commonwealth’s evidence was insufficient as a matter of law to prove that the operated the vehicle?
• Whether the trial court erred at the sentencing phase of the bifurcated jury trial by admitting the DMV record into evidence?

1)         Whether the trial court erred in not granting the defendant proffered jury instruction defining “operating a motor vehicle”?

The court held that “the trial court did not err in refusing to grant appellant’s proffered jury instruction.  The instruction granted by the trial court fully and fairly covered the principles of law relevant to the question of whether appellant operated the car in which he was found, intoxicated and while the engine was running.”

2)         Whether the Commonwealth’s evidence was insufficient as a matter of law to prove that the operated the vehicle?

The evidence at trial proved appellant was in his car and was intoxicated, that the key was in the ignition switch of his car, turned to the on position, and the car’s engine was running. From this evidence, the jury could reasonably conclude appellant was in actual physical control of the car, and was “operating” it within the meaning of Code § 18.2-266. Accordingly, we find the jury did not err in finding the evidence sufficient to convict appellant of DUI in Virginia in violation of Code § 18.2-266

3)         Whether the trial court erred at the sentencing phase of the bifurcated jury trial by admitting the DMV record into evidence?

The court held that the trial court did not err by admitting appellant’s DMV record into evidence, since the notice requirements do not apply to the admission of a defendant’s prior traffic record into evidence pursuant to Code § 46.2-943.

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.

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