CUTRIGHT v. COM.

Record No. 1559-03-2.

601 S.E.2d 1 (2004)

43 Va. App. 593

Richard A. CUTRIGHT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 17, 2004.


Attorney(s) appearing for the Case

Benjamin H. Woodbridge, Jr. (Woodbridge, Ventura & Kelly, on brief), for appellant.

Steven A. Witmer, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FRANK and KELSEY, JJ. and WILLIS, Sr. J.


KELSEY, Judge.

The trial court convicted Richard A. Cutright of driving while intoxicated in violation of Code § 18.2-266. Because the Commonwealth gave him only one laboratory to choose from to perform an independent blood analysis, Cutright argues that the court should have dismissed his DUI charge or, short of that, at least suppressed the results of the blood tests. Finding neither remedy applies in this case, we affirm.

I.

On appeal, we...

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