subject: DUI Virginia Beach 18.2-266 Appeal Driving Under Influence [print this page] DUI Virginia Beach 18.2-266 Appeal Driving Under Influence
Roberson v. City of Va.Beach, 53 Va. App. 666 (Va. Ct. App. 2009)
On May 19, 2007, a Virginia Beach police officer arrested Roberson for driving under the influence of alcohol. The officer issued Roberson a summons. On the summons form, there is a line in which the officer must check a box to indicate whether the summons was for a violation of a state statute or city ordinance. The officer checked the box next to "CITY." The summons form also contains a blank line next to the word "LAW SECTION." In that blank, the officer wrote "21-1/18.2-266." 18.2-266 is the section of the Code of Virginia that criminalizes driving under the influence of alcohol. Section 21-1 of the Virginia Beach Municipal Code incorporates Code 18.2-266 by reference, criminalizing driving under the influence within the City of Virginia Beach. Later that day, a magistrate issued a warrant of arrest for Roberson charging him with driving under the influence of alcohol. The warrant was titled "WARRANT OF ARREST-MISDEMEANOR (LOCAL)." The order was styled "CITY OF VIRGINIA BEACH vs. CHAD CRAWFORD ROBERSON." However, under the heading "CODE SECTION," the order recited "18.2-266," the Commonwealth's driving under the influence statute. Following defendant's conviction, his attorney, filed a notice of appeal to this Court. He styled the notice of appeal "Commonwealth of Virginia, Plaintiff, v. Chad Crawford Roberson, Defendant." After the submission of the briefs, but prior to oral argument, the Attorney General, representing the Commonwealth on appeal, moved this Court to grant leave for the trial court to correct a clerical error in the final order. The Assistant Attorney General noted that pursuant to Code 2.2-511, the Attorney General has no authority to represent local governments in criminal cases before this Court and sought clarification of the apparent discrepancy in the final order, which styled the case "CITY OF VIRGINIA BEACH vs. CHAD CRAWFORD ROBERSON," but indicated that Roberson was convicted under a state statute, Code 18.2-266. Court granted the Attorney General's motion and remanded the case to the Circuit Court of the City of Virginia Beach for the sole purpose of making any necessary clerical corrections to the final order.
The December order clarified that the City of Virginia Beach was the proper plaintiff in the case at trial. Roberson did not join the City of Virginia Beach in his DUI appeal. By failing to join an indispensable party, Defendant has deprived us of jurisdiction to consider the appeal.
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