CaseJUSTIN SARAFIN v. COMMONWEALTH OF VIRGINIA
(Record Number 131747)
FromThe Court of Appeals of Virginia.
CounselDavid L. Heilberg (Dygert, Wright, Hobbs & Heilberg, PLC) for appellant.
Virginia B. Theisen (Office of the Attorney General) for appellee.
Assignments of Error
- The Virginia Court of Appeals erred by permitting the trial court to find that Justin Sarafin ("Sarafin") was in physical control of his vehicle and thereby that he was its "operator" while asleep with only his car radio playing while parked on his private property.
a. The Virginia Court of Appeals erred by finding that these facts were sufficient to support the trial court's conviction.
- The Virginia Court of Appeals erred in construing Va. Code § 18.2-266 to allow conviction for "operation" on private property.
- The Virginia Court of Appeals erred by not requiring the trial court to give any or all of Instructions I, J, K and L offered by Sarafin that precisely and correctly defined what constituted "operation" to the jury.