On rehearing en banc, the Court of Appeals split 6-5, upholding the defendant’s conviction because he volunteered to take a breath test before he was informed of the implied consent statute. Defendant crashed his pickup truck on the private road ...Read More »
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A defendant who objected at his third offense DUI trial to admission of the DMV transcript on the ground that it was inadmissible hearsay and the commonwealth failed to prove he was represented by counsel in the prior proceeding, did ...Read More »
Although a DUI defendant contends the commonwealth failed to comply with Va. Code § 18.2-268.2 by effecting his arrest within three hours of the alleged offense of DUI before requiring his submission to a blood test, a Fairfax Circuit Court ...Read More »
The Supreme Court of Virginia reverses the portion of a judgment that admitted evidence of defendant’s refusal to take a blood or breath test as evidence of consciousness of guilt; but the Court of Appeals did not err in deciding ...Read More »
The Virginia Court of Appeals says today that improper driving is not a lesser included offense of reckless driving by speed. The defendant, accused of driving more than 80 miles per hour, presented a jury instruction based on Virginia Code ...Read More »
A driver’s answer to an officer’s “incidental” question in a convenience store parking lot can’t come into evidence, a Roanoke City Circuit Court says. In Commonwealth v. Fuller, a uniformed, shield-wielding officer pulled his patrol car up beside Lloyd Jasper ...
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