Legal Opinion
Nelson v. Commonwealth
Court of Appeals of Virginia
Decided April 20, 1993No. 1275-91-3Published
1Opinion of the Court
Opinion
BENTON, J.
Robert Gary Nelson was convicted of operating a motor vehicle while having a blood alcohol concentration of .10 percent in violation of Code § 18.2-266(i). On appeal, Nelson contends that the trial judge misinterpreted Code § 18.2-266(i) by holding (1) that it prohibits driving after consuming sufficient alcohol to register .10 percent or more as indicated by a subsequently administered test, and (2) that a breathalyzer measurement of .10 percent is conclusive proof of guilt. We affirm the conviction.
A statement of facts established that on January 11, 1991, at 11:57 p.m., a…
2Cases cited8 opinions
- Lattarulo v. StateSupreme Court of Georgia · 1991
- Davis v. CommonwealthCourt of Appeals of Virginia · 1989
- State v. RuckerSuperior Court of Delaware · 1972
- Nugent v. Iowa Department of TransportationSupreme Court of Iowa · 1986
- Hrncir v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985
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