Kim v. CommonwealthAnnotate this Case
Defendant was charged with unreasonable refusal to submit a breath sample under Va. Code 18.2-268.3. At trial, Defendant argued that the Commonwealth failed to prove that he was operating a motor vehicle on a “highway” as defined by Va. Code 46.2-100. The trial court denied the motion. Ultimately, the trial court determined that Defendant had unreasonably refused to submit a breath sample and ordered that his license to drive be suspended for twelve months. The Supreme Court reversed, holding that the roadway upon which Defendant was operating his motor vehicle did not meet the statutory definition of highway under section 46.2-100, and therefore, the implied consent statute had no applicability and Defendant was not required to submit a breath sample.