United States v. James M. Rowe

James M. Rowe appeals his conviction under the Assimilative Crimes Act, 18 U.S.C. § 13, for driving while under the influence of alcohol and refusing to take a breathalyzer test in violation of Sections 18.2-266 and 18.2-268 respectively of the Code of Virginia. The offenses occurred on the Norfolk Naval Station, a federal enclave.

Upon consideration of the briefs, the record, and the arguments of the parties, we detect no reversible error in the conviction for driving under the influence of alcohol.

We believe, however, that federal prosecution of the breathalyzer charge was improper. The…