Sarafin v. Commonwealth

Present: All the Justices JUSTIN SARAFIN v. Record No. 131747 OPINION BY JUSTICE DONALD W. LEMONS October 31, 2014 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA In this opinion we consider the definition of "operate" and whether such operation must be "on a highway" to sustain a conviction for driving under the influence pursuant to Code § 18.2-266. I. Facts and Proceedings Below On January 20, 2011, Officer K.E. McBrearty of the Charlottesville Police Department responded to a noise complaint at 1001 Page Street in Charlottesville. When Officer McBrearty arrived at the…