HAMMOND v. COM.

Record No. 1583-91-4.

429 S.E.2d 631 (1993)

Frederick J. HAMMOND v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing En Banc Granted July 12, 1993.


Attorney(s) appearing for the Case

John E. Carter, Springfield, for appellant.

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

Present: MOON, C.J., and BARROW and KOONTZ, JJ.


MOON, Chief Judge.

Frederick J. Hammond, appellant, seeks reversal of his driving under the influence (DUI) conviction on the grounds that the trial judge refused to admit in evidence (1) that appellant requested a breath test that was not administered, and (2) that appellant was acquitted of refusal to take a blood test. Because evidence of the request and the acquittal were not relevant, we affirm.

On January 30, 1991, shortly after midnight, Trooper Stinson...

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