Rix v. Commonwealth, 282 Va. 1

Summary

The Supreme Court of Virginia affirmed Ellen Marie Rix’s convictions for driving under the influence and refusing a blood or breath test. The court held that Rix was an “operator” of a motor vehicle under Virginia Code § 46.2-100 because she took actual physical control of a fully operational vehicle on a highway while the engine was running, even though the officer did not see her drive the vehicle.

Holdings

1. A person is an operator of a motor vehicle when the person takes actual physical control of a fully operational vehicle on a highway with the ignition key in the on position and the engine running, even if the person was not observed putting the vehicle in motion.
2. The convictions for operating a motor vehicle while intoxicated and refusing to submit to a blood or breath test were properly affirmed.

Questions Presented

1. Whether a person who takes the driver's seat of a fully operational vehicle on a highway, while the engine is running and the ignition is on, is an operator of the vehicle under Code § 46.2-100 even though the person was not observed placing the vehicle in motion.
2. Whether the convictions for operating a motor vehicle while intoxicated and refusing a blood or breath test should be affirmed.

Disposition

affirmed