Workman v. Va. Dep’t of Corr., 82 Va. Cir. 160 (Cir. Ct. 2011)

An municipal employee carrying a commercial driver’s license was randomly selected for urinalysis testing under a new CDL carrier requirement. The test returned a negative result. The Department’s policy mandated that the employee be retested. The employee was administered an oral fluid test, which yielded a positive test result for marijuana. The Chesapeake County Circuit Court held that the test leading to the employee’s positive result was administered in violation of the Fourth Amendment. The follow up test was administered approximately three months after the initial test and was too long to justify the subsequent test under any circumstances.

Smit v. Shippers’ Choice of Virginia, Inc., 277 Va. 593, 674 S.E.2d 842 (Va. 2009)

Unlicensed mechanic for commercial driver training school who was teaching driver training class was “instructor” within meaning of statute and regulation that required instructor to be licensed, even though he was not receiving compensation as instructor; he was teaching or giving class on learning to operate commercial vehicle and was acting on behalf of driver training school for compensation he received as mechanic.

Meierotto v. Com., 646 S.E.2d 1 (Va. Ct. App. 2007)

A domiciliary of another state, while residing in Virginia, can use his commercial driver’s license, issued by the other state, to drive non-commercial vehicles in Virginia.