POTTS v. COMMONWEALTH

Record No. 1861-89-2.

408 S.E.2d 256 (1991)

Kenneth M. POTTS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 6, 1991.


Attorney(s) appearing for the Case

R.R. Ryder, Richmond, for appellant.

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

Present: BAKER, BENTON and DUFF, JJ.


DUFF, Judge.

Kenneth M. Potts was convicted of drunk driving as a third offense and for refusal to submit to a blood or breath test. He appeals his conviction for drunk driving alleging (1) the testimony of the arresting police officer was inadmissible; and (2) the evidence was insufficient to support his conviction.

Police Officer Boyd Simmons testified that on January 8, 1989, at 1:30 a.m., he arrived at the intersection of 3rd and Main Streets, in Richmond...

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