Martinsville County Circuit Court September 25, 2006, Case No. CR05-726 (Commonwealth v. Draper)

By Judge G. Carter Greer

In this prosecution for driving under the influence, second offense within five years of a first offense, in violation of Va. Code § 18.2-266, the court took the defendant’s motion to strike under advisement, both at the conclusion of the Commonwealth’s case and at the conclusion of all the evidence. In summary, the defendant argues that the presumptions pertaining to Va.