Legal Question in DUI Law in Virginia

habitual offender on house arrest

convicted of dui/hab off, plea agreement, on house arrest for 2 yrs...was in driveway on private property, resident called 911 because i was unconscious, truck running, in drive. police put in park turned off truck i was arrested for dui/habitual off. i know i cannot get back to house arrest but can i be charged for dui on private property


Asked on 8/07/05, 9:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: habitual offender on house arrest

You would be well advised to put this question to the defense counsel whom you will need to represent you in this matter.

Whether the fact that the truck(apparently) was on private property(with engine running)would call into question the validity of the DUI charge would be a consideration that would need to be evaluated within the entire factual context of the case.

Note: Va Code Sec. 18.2-266(the DUI statute)states: "It shall be unlawful for any person to

drive or operate any vehicle, engine or train..."

There is no reference to public vs. private property with the exception of mopeds, which, apparently, are to be included in the prohibitions of the statute if operated on a public road.

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Answered on 8/11/05, 10:42 am


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