Man convicted of Driving While Intoxicated in Virginia.

Defendant was convicted following bench trial in the Circuit Court, Botetourt County, George E. Honts, III, J., of maiming as a result of driving while intoxicated (DWI). Defendant appealed. The Court of Appeals, Robert J. Humphreys, J., held that: (1) DWI can serve as evidence to support the requisite manner of driving, i.e., criminal negligence, in a prosecution for maiming as a result of DWI; and (2) finding of criminal negligence was supported by defendant's concession to trooper that he was driving too fast when car left road and passenger was injured and by evidence that he was driving while his intellectual and motor functions were substantially impaired by his voluntary consumption of alcohol and drugs.

I. Background

Virginia State Police Trooper Mike Bradley was dispatched to the scene of a car accident at approximately 2:10 a.m. on June 3, 2001. When he arrived, emergency personnel were already present and treating two individuals on the ground. Bradley observed Wright standing nearby, in the company of two deputies. Trooper Bradley approached Wright and asked *701 him what he knew about the accident. Wright stated, “I'm f---ing drunk, okay? I was driving. Run off the f---ing road. I'm f---ing drunk.” Bradley asked Wright how much he had had to drink, and Wright responded “I don't f---ing know. A lot.” He then asked Wright how fast he had been driving. Wright stated, “Don't know. Too f---ing fast.” [DUI, DWI, and Reckless Driving are serious crimes in Virginia.]

As emergency personnel attempted to treat Wright's injuries, Trooper Bradley observed that Wright cursed and spat at them. Wright's demeanor fluctuated from “one extreme to the other,” as he was calm one moment and then “yelling, cursing and screaming,” the next. Wright was eventually restrained by medical personnel and transported to the hospital. Trooper Bradley then obtained a search warrant for a sample of Wright's blood. The analysis showed that Wright had a blood alcohol content of 0.09%. Wright was arrested on charges of driving while intoxicated, in violation of Code § 18.2-266 and maiming, in violation of Code § 18.2-51.4. [This type of case would call for a lawyer who specializes in Motor Vehicle related Crimes.]

At trial, Trooper Bradley testified that, when he arrived at the scene, he observed emergency personnel performing CPR on Matthew Switzer, a passenger in Wright's car. He further stated that, according to Wright, the accident occurred when he was travelling south on Route 640 and approached a sharp right curve in the road. Instead of making the turn, Wright continued straight and drove off the left side of the road, over an embankment, crashing into a tree. The “total distance off the left side of the road to the impact was one hundred forty-seven feet.” The skid marks measured sixty-four feet. Trooper Bradley testified that there was no posted speed limit on that road, so the speed limit was “fifty-five” miles per hour. [You should always take a Virginia Court Lawyer with you to Court, even for minor traffic violations.]

Switzer testified that he was a passenger in Wright's car when the accident occurred. Switzer stated that Wright picked him up that evening at about 5:00 or 6:00 p.m. and that they went riding around with another passenger named “Shaney.” Switzer stated that at some point, they stopped and obtained over a dozen Xanax pills. He stated that everyone in the car took the pills. He personally took three-and-a-half *702 pills. They later obtained some beer and drank while they continued to drive around. Switzer did not recall the accident.

The doctor who treated Switzer testified that Switzer presented to the emergency room with “a lot of superficial lacerations,” and a severely fractured jaw.

**244 At the close of the evidence, Wright moved to strike, contending that the Commonwealth had failed to establish that he drove in a manner so gross, wanton and culpable as to show a reckless disregard for human life. The trial court denied the motion finding that although the evidence may not have proven that Wright was driving “in excess of the speed limit,”“his speed was clearly too fast for the conditions and clearly too fast for him to be able to maintain proper control.” The court then found Wright guilty of the charge and sentenced him to five years in prison, with four years suspended.