The trial court convicted William Chad Green of refusing to take a breath or blood test in violation of Code § 29.1-738.2 after he had been arrested for operating a boat while under the influence of alcohol. At trial, Green objected to the lawfulness of his arrest and sought to introduce evidence that it had not been supported by probable cause. Agreeing with the Commonwealth, the trial court held that Green's objection to his arrest had to be "raised by motion or objection...
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