Legal Opinion

Town of Vienna v. Secord

Fairfax County Circuit Court

Decided July 24, 1991No. Case No. (Criminal) 63905PublishedCited by 1 opinion

1Opinion of the Court

By JUDGE JACK B. STEVENS

The Court has had this case under advisement to consider whether the Implied Consent Law, § 18.2-268, Code of Virginia (1950), as amended, providing for revocation of the privilege of operating a motor vehicle for the "unreasonable" refusal to give blood or breath samples is unconstitutionally vague. It does not appear that the specific question has been considered by the Virginia Supreme Court or Court of Appeals. For the reasons that follow, the Court finds that the statute is constitutional and does not violate the "void for vagueness" doctrine.

The pertinent…

2Cases cited12 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  4. United States v. L. Cohen Grocery Co.Supreme Court of the United States · 1921
  5. A. B. Small Co. v. American Sugar Refining Co.Supreme Court of the United States · 1925

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3Cited by1 opinion

  1. Commonwealth v. KimFairfax County Circuit Court · 2010

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