1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 629 S.E.2d
  5. 629 S.E.2d 188 (2006)
 

ROWLEY v. COM.

Record No. 1037-05-2.

629 S.E.2d 188 (2006)

48 Va. App. 181

Dennis Wayne ROWLEY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 2, 2006.

Attorney(s) appearing for the Case

Mark S. Gardner, Spotsylvania (Muriel-Theresa Pitney; Gardner, Maupin, Sutton & Haney, P.C.; Law Office of Muriel Pitney, PLC, on brief), for appellant.

Alice T. Armstrong, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on brief), for appellee.

Present: ELDER, HUMPHREYS and KELSEY, JJ.

KELSEY, Judge.

Dennis Wayne Rowley appeals a conviction under Code § 18.2-268.3 for unlawfully refusing to provide a breath sample after being arrested for driving under the influence of alcohol. This statute, Rowley argues, violates the Fourth and Fifth Amendments to the United States Constitution. The trial court disagreed, as do we.

I.

A police officer stopped Rowley's pickup truck after observing it "weaving badly" across the road. Rowley...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases