Stacy v. Commonwealth

COLEMAN, Judge.

Kimberly Dawn Stacy appeals her conviction for driving while intoxicated in violation of Code § 18.2-266. Stacy contends that the trial court erred by admitting the results of an alka-sensor test at the pretrial suppression hearing to determine whether the police officer had probable cause to make an arrest, and that absent the alka-sensor test results, the evidence was insufficient to support a finding that the officer had probable cause to arrest her. Consequently, Stacy asserts, the blood alcohol test taken following her illegal arrest should have been excluded at trial and,…