Dugger v. Commonwealth

KELSEY, Judge.

John Terry Dugger, the appellant, claims the jury erred when it convicted him of driving under the influence of alcohol (second or subsequent offense) in violation of Code §§ 18.2- 266 and 18.2-270(B), as well as operating a vehicle as an habitual offender in violation of Code § 46.2-357. Appellant admits that, while sitting in the passenger seat of a vehicle, he forcibly took control of the steering wheel from the driver and caused the vehicle to go off the road and into a guardrail. This momentary exercise of control, he argues, falls outside the scope of the DUI and habitual…