Can You Get A DUI on Private Property?

Can you get A DUI on Private Property? In Virginia, Yes. According to Gray v. Commonwealth, 23 Va. App. 351 (1996) “Other than for the operation of a moped, the statute does not specify that the driving or operating that it criminalizes must occur on a public highway.” Essentially, it will make no difference under Virginia Law whether an accused is on a public or private road. If you have been charged with a DUI you should call me, I am a DUI Defense Attorney.

Interpretation of the Virginia DUI Code

The court further dictated, “county ordinance is clear, unambiguous and means what it says. It applies to anyone driving or operating a motor vehicle . . . while under the influence of intoxicants anywhere in the county of Brunswick, whether on a public highway or private property.” Gray v. Commonwealth, 23 Va. App. 351 (1996) If you have been charged with a DUI, you should call me. I am a DUI defense attorney (434) 660-9701.

Evidence

The Virginia Appellate Court reiterated their assertion in Mitchell v. Commonwealth 26 Va.App. 27 “The evidence at trial proved that a deputy sheriff drove his vehicle on a road through a privately-owned mobile home complex to investigate a report of a crime. The deputy sheriff testified that, although the roads in the mobile home complex were private, the roads were open to use by the public for vehicular travel. He also testified that no signs were posted denoting "no trespassing" or "private driveway" and that persons who drove through the mobile home complex were not arrested for trespassing.”

Final Note

Basically, the Virginia Courts have been clear. An intoxicated person operating a motor vehicle either on public or private property can be charged with a DUI. It is unwise to drink and operate a motor vehicle. If you have been charged with DUI, you should call me for free consultation (434) 660-9701

DUI Defense Lawyer

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedInTumblr, BloggerRedditYelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

 

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