Legal Opinion
Kim v. Commonwealth
Supreme Court of Virginia
Decided April 13, 2017No. Record 160665PublishedCited by 8 opinions
1Opinion of the Court
OPINION BY JUSTICE CLEO E. POWELL
Matthew Alexander Kim ("Kim") appeals the trial court's judgment that he unreasonably refused to submit a breath sample in violation of Code § 18.2-268.3 because, according to Kim, he was on a private road that did not fall within the definition of a "highway" provided by Code § 46.2-100 at the time he was arrested and, therefore, he was not required to submit a breath sample.
I. BACKGROUND
The Avant Apartment complex is a private apartment complex located in Fairfax County. The complex is accessible by public roads, but the roads within the complex are…
Also in this document: Dissent.
2Cases cited34 opinions
- Herring v. United StatesSupreme Court of the United States · 2009
- Bolden v. Com.Supreme Court of Virginia · 2008
- Perry v. Com.Supreme Court of Virginia · 2010
- Vasquez v. CommonwealthSupreme Court of Virginia · 2016
- Prillaman v. CommonwealthSupreme Court of Virginia · 1957
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3Cited by8 opinions
- Dietz v. CommonwealthSupreme Court of Virginia · 2017
- Anthony Wayne Easterling, s/k/a Anthony Wayne Easterling, Jr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2020
- China Michael-Lee Coleman v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2026
- David Brandon Cannaday v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2022
- John Crescent Ndunguru v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2021
3 more not listed; retrieve them via the Exa API.