DRIVER v. COM.

Record No. 0245-86-1.

371 S.E.2d 27 (1988)

Christopher DRIVER, II v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 16, 1988.


Attorney(s) appearing for the Case

Gerald G. Poindexter (Poindexter & Poindexter, Surry, on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. and W. Mark Dunn, Asst. Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW and HODGES, JJ.


BARROW, Judge.

This is an appeal of a conviction of unreasonably refusing to take a blood or breath test as required by Code § 18.2-268. Because the record does not reflect why a blood test was unavailable, we reverse and dismiss the defendant's conviction.

The defendant was found by a Smithfield police officer in the early morning at the location of a single vehicle accident. He charged the defendant at the...

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