Legal Opinion

Commonwealth v. Dixon

Richmond County Circuit Court

Decided April 14, 1997No. Case Nos. F-96-3443, M-96-3540Published

1Opinion of the Court

By Judge Donald W. Lemons

The matter before the Court is' the Defendant’s Motion to Suppress. After hearing evidence and receiving Briefs from the Commonwealth and the Defendant, the Court denies the Motion to Suppress.

On August 1,1996, the defendant was operating a motor vehicle in the City of Richmond and was observed throwing a drink out the driver’s side window. The vehicle then “turned slightly and did a jerking motion, went across the yellow line, then pulled back onto [the] road.” The officer pulled the vehicle over, smelled a slight odor of alcohol, gave a field sobriety test, and…

2Cases cited4 opinions

  1. New York v. BeltonSupreme Court of the United States · 1981
  2. Davis v. CommonwealthCourt of Appeals of Virginia · 1994
  3. Pack v. CommonwealthCourt of Appeals of Virginia · 1988
  4. Neiss v. CommonwealthCourt of Appeals of Virginia · 1993

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