§ 72.061 DEFINITION OF PHRASE “IN THE CITY”; PHRASES SYNONYMOUS WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL; VALIDATION OF WARRANTS.
   (A)   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      IN THE CITY. For purposes of this city, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel.
   (B)   When used in this code, the terms or phrases, “driving under the influence of intoxicating liquor”, “driving or operating a motor vehicle while intoxicated”, “for any person who is under the influence of intoxicating liquor to drive any vehicle” or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase “while under the influence of alcohol... drives a vehicle” as the latter term or phrase is used in § 72.060.
   (C)   From and after the effective date of this section, a warrant which charges or alleges an offense prohibited by the provisions of § 72.060, and which warrant uses any of the terms or phrases set forth in division (B) above shall not thereby be fatally defective if such warrant otherwise informs the person so accused of the charges against him or her.
(1991 Code, § 19-77) (Ord. passed 3-17-1983; Ord. passed 9-15-1983)
Statutory reference:
   For corresponding provisions of state law, see W.Va. Code § 17C-5-2a