City of Bristol v. Johnson

BY JUDGE CHARLES B. FLANNAGAN, II

The defendant is charged with Driving Under the Influence in violation of § 86-186 of the Code of the City of Bristol, Virginia. This matter is before me on defendant’s Motion to Dismiss on the grounds that § 86-186 is invalid.

Defendant contends the ordinance is invalid for the following reasons. The penalty provision of § 86-186 exceeds the penalty which the City is authorized to impose under § 2-11 of its Charter.

Section 86-186 was improperly adopted as emergency legislation.

Section 86-186 attempts to incorporate § 18.2-266 of the Code of Virginia by…