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TIPTON v. COM.

Record No. 2418-92-2.

444 S.E.2d 1 (1994)

James Phillips TIPTON, II v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 17, 1994.

Attorney(s) appearing for the Case

Gordon W. Poindexter, Jr., Waynesboro (Linda Schorsch Jones, Poindexter & Schorsch, on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and ELDER, J., and COLE, Senior Judge.

MOON, Chief Judge.

James Phillips Tipton, II, was convicted of involuntary manslaughter by unintentionally causing death as the result of driving an automobile while under the influence of alcohol. See Code § 18.2-36.1. On appeal, Tipton argues (1) that the trial court erred in denying his motion to suppress the results of his blood test; (2) that the Commonwealth's noncompliance with the implied consent statute mandated suppression of the blood test evidence...

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