Virginia Debates “Operating” Under the Influence Again
Virginia makes it illegal to “drive” or “operate” a motor vehicle while intoxicated. While “drive” is pretty understandable, the definition of “operate” continues to change. The last re-definition was in 2012 when our Supreme Court in Virginia said for the first time that “operate” means (1) keys in the ignition and (2) butt in the driver’s seat. Before that the ignition had to be on.
That’s still true if you are parked on or beside a roadway in Virginia. But what about if you are parked in your own driveway or a public parking lot? That issue will be decided by the Virginia Supreme Court in the Sarafin v. Commonwealth case.
To define “operation” Virginia courts have looked to the definition of “operator” in the Code of Virginia. And guess what? “Operator” is defined as one who “(i) drives or is in actual physical control of a motor vehicle on a highway.” Sure enough, it says “highway” (which means roadway) and not driveway or parking lot.
For more information about operation in Virginia, check out http://dwimanual.com/table-of-contents/what-is-dwi/drive-or-operate/
Our passion at Tillotson & Martin, L.L.C., is defending citizens against unfair DUI & drug laws. We write the book for DWI defense for Virginia attorneys and provide seminars for attorneys on how to beat the breath test machine. We train extensively to develop and improve cutting edge defenses. Our attorneys are active National College for DUI Defense members, are certified in NHTSA Field Sobriety Testing, and are trained to interpret breath test and blood test data.
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