Cook v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals in a vehicular homicide case in which the Court of Appeals reversed the order of the circuit court suppressing evidence of Cook’s blood alcohol content after the fatal accident.

The issues presented are whether the circuit court used the proper test in suppressing the results of the blood alcohol test; whether there was any kind of implied coercion in failing to advise Cook that the blood sample was taken for criminal investigative purposes, and whether preponderance of evidence is the standard that the Commonwealth…