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Granted Appeal Summary

Case

CLINARD GARY LAMBERT v. COMMONWEALTH OF VIRGINIA (Record Number 190439)

From

The Court of Appeals of Virginia

Counsel

Robert M. Galumbeck (Galumbeck & Kegley, Attorneys) for appellant.

Rachel L. Yates (Office of the Attorney General) for appellee.

Assignment of Error

1. The Court of Appeals erred in its judgment, ruling and order setting the standard of proof regarding whether a defendant \\u201cself administered\\u201d the drug which he is under the influence of, for purposes of Virginia Code sections 18.2-266 and 18.2-36.1.

2. The Court of Appeals erred in its judgment, ruling and order that the evidence presented in the trial court was sufficient to prove, beyond a reasonable doubt, that Lambert had self administered the drugs which impaired his ability to drive safely.

3. The trial court erred in its judgment, ruling and order in which it found that the Commonwealth had proved beyond a reasonable doubt that Lambert had self administered the drugs which impaired his ability to drive safely.

http://www.courts.state.va.us/courts/scv/appeals/190439.pdf

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