Commonwealth v. Durst

By Judge Jane Marum Roush

This matter came on for a hearing on May 31, 1996, on the defendant’s motion to dismiss. At the conclusion of the hearing, the Commonwealth asked to brief the issues raised, and the Court took the case under advisement. The Court has now had the opportunity fully to consider the briefs and argument of counsel. For the reasons stated below, the motion to dismiss is denied.

The facts of this case will be briefly summarized. Defendant Joseph Richard Durst was arrested on July 19, 1995, and charged with driving while intoxicated in violation of Virginia Code § 18.2-266.…