Ramos v. Commonwealth

BUMGARDNER, Judge.

Angel Manuel Ramos appeals his conviction of driving under the influence, second offense, in violation of Code § 18.2-266. He contends the trial court erred in considering his performance of and statement during field sobriety tests because the police officer had not given Miranda warnings before he administered the tests. We conclude that the defendant was not in custody when he performed the tests, so the officer did not have to give him Miranda warnings. Accordingly, we affirm his conviction.

Officer Samuel Nussman stopped the defendant after he came through radar…