Reardon v. City of Manassas
Reardon v. City of Manassas
Opinion of the Court
Opinion
In this criminal appeal, we hold that City of Manassas ordinance § 17-331
Code § 46.1-188 (since repealed) allows local governments to incorporate “Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 into such ordinances by reference.” A locality incorporating a statute under Code § 46.1-188 must refer with specificity to those parts of the statute it wishes to incorporate; otherwise the ordinance will be found vague and indefinite. Rollins v. Town of Gordonsville, 216 Va. 25, 26, 215 S.E.2d 637 (1975). City ordinance § 17-331 specifically adopts “[t]he provisions of section 18.2- 266 of the Code of Virginia.” This language demonstrates an intent to adopt § 18.2-266 as a whole.
The same reasoning applies to the enabling legislation, Code § 15.1-132. The words “driving while under the influence” were not meant to define the prohibited conduct, but rather to enable a locality to legislate in an area defined by the General Assembly. One only need look to Code § 18.2-266 to discover what that body has deemed “driving while intoxicated.” Driving a motor vehicle with a blood alcohol concentration of 0.10 percent or more falls into that category per se.
Accordingly, the decision of the trial court is affirmed.
Affirmed.
Benton, J., and Moon, J., concurred.
“The provisions of section 18.2-266 of the Code of Virginia (1950). . . pertaining to driving motor vehicles while intoxicated, are hereby adopted and incorporated mutatis mutandis in this chapter by reference pursuant to the authority contained in section 46.1-188 of the Code of Virginia (1950), as amended.” (emphasis added.)
In its pertinent part, § 18.2-266(i) states: “It shall be unlawful for any person to drive or operate any motor vehicle . . . while such person has a blood alcohol concentration of 0.10 percent or more. . . .”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.