Robertshaw v. Commonwealth

By Judge Randy I. Bellows

Pursuant to Va. Code § 46.2-410.1, David Robertshaw petitions the Court to order the Virginia Department of Motor Vehicles Commissioner to rescind the revocation of his driver’s license. The Court considered the briefs and heard oral argument from the parties on April 12, 2013, after which the Court took the matter under advisement.

For the reasons discussed below, the Court finds that the Commissioner did not commit eiror in revoking the Petitioner’s license because the federal DUI statute, 36 C.F.R. § 4.23, substantially parallels and substantially conforms to…