Question: This is based on Virginia Statute, and I need to know if I am correct: Gerard is driving under the influence of alcohol. He loses

This is based on Virginia Statute, and I need to know if I am correct: 

  • Gerard is driving under the influence of alcohol. He loses control of his vehicle, hits his neighbor's car, and the car catches on fire. 

Virginia Code Section 18.2-266 (ii) reads, "it shall be unlawful for any person to drive or operate any motor vehicle, engine... while such person is under the influence alcohol."

A person is "under the influence of alcohol" when that person has consumed a sufficient amount of alcohol to "so affect his manner, disposition, speech, muscular movement, general

Below I address the following:

  1. The legal definition of "under the influence of alcohol."
  2. What the Commonwealth is required to prove you show a person was "under the influence."
  3. The possible defenses to Virginia Code Section 18.2-266 (ii)
  4. The penalties of a violation of Virginia Code Section 18.2-266 (ii)

My Response: Under Virginia Code Section 18.2-266 (ii), was Gerard too much "under the influence of alcohol" that it affected his ability to operate a motor vehicle, lose control of his vehicle, hit his neighbor's car, and the car caught on fire?

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Virginia Code Section 182266 ii is Virginias DUI law This law makes it unlawful to drive or operate a motor vehicle while under the influence of alcohol A person is under the influence of alcohol when ... View full answer

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