Commonwealth v. Kim

By Judge Robert J. Smith

Defendant John Kim is accused of unreasonably refusing to submit to a breath or blood test in violation of Virginia Code § 18.2-268.3. Kim now moves to dismiss the charge, arguing that the code section is unconstitutionally vague. After considering Kim’s arguments and reviewing the applicable legal authority, the Court finds that the statute is not unconstitutionally vague. Accordingly, Kim’s motion is denied.

Background

On September 26, 2009, Officer S. Radfar stopped Kim’s automobile near the George Mason University campus. Radfar, suspecting that Kim was intoxicated,…