Apr 6, 2020
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Granted Appeal Summary
CLINARD GARY LAMBERT v. COMMONWEALTH OF VIRGINIA (Record Number
The Court of Appeals of Virginia
Robert M. Galumbeck (Galumbeck & Kegley, Attorneys) for
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 “self administered” 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.