Recent Virginia Supreme Court Ruling on DUI Laws

The Virginia Supreme Court recently ruled in Nelson v. Commonwealth of Virginia, that an intoxicated person who turns the vehicle key to the “accessory” or “on” position to listen to the radio was operating a motor vehicle under the Drunk Driving statute. The Court stated that while the vehicle was not in movement, the defendant took an action which started the sequence of operation. The case citation was 281 Va. 212, S.E. 2d (1/13).