Commonwealth v. Lopez

By Judge Robert J. Smith

This matter came before the Court on November 14, 2014, on the Defendant’s “Motion for Acquittal.” For the reasons set forth below, the Court denies the motion.

I. Factual Background

Officer C. A. Wright of the Fairfax County Police Department arrested the defendant on March 23,2014, in Fairfax County, Virginia, for a violation of Va. Code § 18.2-266, driving while intoxicated, second offense within five years, with a blood alcohol content greater than .20. On March 23, 2014, Officer Wright encountered Hanssell Lopez sitting in the driver’s seat of a Nissan Murano. The…