Justin Sarafin v. Commonwealth of Virginia

HUFF, Judge.

Justin Sarafin (“appellant”) appeals his conviction of operating a motor vehicle while under the influence of alcohol, in violation of Code § 18.2-266. On appeal, appellant contends that the trial court erred 1) by refusing to give his proffered jury instructions I, J, K, and L, which he contends precisely and correctly defined what constituted “operation” and 2) by convicting him of operating under the influence of alcohol based on a finding that he “took an action in sequence” to activate his motor vehicle when sleeping in the driver’s seat parked in his private driveway with…