Lambert v. Commonwealth (P)

Trial evidence supported the jury’s conclusion that the defendant-appellant had driven his vehicle under the influence of self-administered drugs.

Evidence established that the appellant had methadone, alprazolam, and nordiazepam in his blood at the time it was drawn. He admitted to a law enforcement officer that he’d received a dose of methadone at a treatment clinic just before the accident, but the record contains no direct evidence of how he obtained the dose. Still, the factfinder was entitled to conclude that the appellant had taken the drugs and initially lied about not consuming them to conceal his guilt.

The appellant’s initial false statement, the observations of witnesses and medical personnel of appellant’s physical condition, and the lack of evidence that he consumed anything after the accident also support the factfinder’s conclusion that appellant was driving under the influence of self-administered

Affirmed.

Lambert v. Commonwealth (P), No. 1762-17-3, Mar. 12, 2019. CAV (O’Brien) from Russell (Moore).



Categories: Court of Appeals of Virginia, Opinions, Published

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