Virginia DUI Opinion - June 30 - 2009

Posted on July 1, 2009 by Dan Jaffe

Here's a typical example of a Virginia DUI case that made it all the way to the court of appeals in VA, which issued an opinion shooting down the defendant's arguments.

Virginia DUI Physical Control Case - June 30 - 2009 : DUIAttorney.com: "It is the classic story of DUI defendant fights system, comes up with some arguments that could be disguised as potentially fruitful, and then gets shot down by the court of appeals.

The underdog in the story, Ngomondjami, was not conscious. The vehicle was not running."

(Via DUI News.)

This is one of those cases where it seems like the facts should be on the defendant's side, since he wasn't driving, and in fact wasn't even awake. But they weren't because the law is stacked against anybody who is under the influence and has any kind of present ability to drive.

Here, all the defendant would have to have done would have been to wake up.

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