ROSEBOROUGH v. COM.

Record No. 2377-07-4.

672 S.E.2d 917 (2009)

53 Va. App. 451

Lawrence W. ROSEBOROUGH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

February 24, 2009.


Attorney(s) appearing for the Case

Hunter A. Whitestone (Whitestone, Brent, Young & Merril, P.C., on brief), Fairfax, for appellant.

(Robert F. McDonnell, Attorney General; J. Robert Bryden II, Assistant Attorney General, on brief), for appellee. Appellee submitting on brief.

Present: Judges HUMPHREYS, HALEY and BEALES.


BEALES, J., Judge.

Lawrence W. Roseborough (appellant) was convicted by the trial court of driving while intoxicated (DWI), in violation of Code § 18.2-266. On appeal, he argues that the trial court erred in admitting a certificate of analysis containing the results of his breath test because the "test was not administered pursuant to the implied consent law." Specifically, he contends that his arrest was unlawful and, therefore, Code § 18.2-268.2(A), commonly...

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