Virginia Supreme Court Reverses DUI Conviction for Invalid Arrest Major Case Development

The Virginia Supreme Court ruled in Roseborough v. Commonwealth of Virginia, 281 Va. 233, 704 S.E.2d 414 (2011), that a certificate of breath alcohol analysis in DUI cases is admissible as evidence only when the implied consent statute applies. An individual’s willingness to take the breath test when the implied consent statute does not apply to the case is irrelevant to certificate admissibility. The Defendant was invalidly arrested after an accident on a private, gated road.

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