Apr 6, 2020
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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 “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.