Virginia DUI Case Law Update: "Sleepwalking"
Here's a freshly minted Virginia DUI case that denies relief based on a defense of sleepwalking. The case centers around Ambien.
The full opinion is here.
Because the circuit court did not make a factual finding that Riley was sleepwalking at the time of the charged offenses, and because Riley's unconsciousness defense was predicated solely on the assumption that he was in fact sleepwalking, Riley failed to meet his burden to establish his unconsciousness defense. Without that defense, the evidence established merely voluntary intoxication and was otherwise sufficient to sustain his conviction for maiming. We will thus affirm the judgment of the Court of Appeals of Virginia upholding Riley's convictions.
Scratch off one more novel attempted DUI defense as ineffective, at least in Virginia.
Learn more about Virginia DUI Law.
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