Legal Opinion
Rowley v. Commonwealth
Court of Appeals of Virginia
Decided May 2, 2006No. 1037052PublishedCited by 21 opinions
1Opinion of the Court
KELSEY, Judge.
Dennis Wayne Rowley appeals a conviction under Code § 18.2-268.3 for unlawfully refusing to provide a breath sample after being arrested for driving under the influence of alcohol. This statute, Rowley argues, violates the Fourth and Fifth Amendments to the United States Constitution. The trial court disagreed, as do we.
I
A police officer stopped Rowley’s pickup truck after observing it “weaving badly” across the road. Rowley had a “strong odor” of alcohol on his breath, bloodshot eyes, and a staggering gait. The officer administered several field sobriety tests to Rowley, all of…
2Cases cited20 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Oregon v. ElstadSupreme Court of the United States · 1985
- United States v. DionisioSupreme Court of the United States · 1973
- South Dakota v. NevilleSupreme Court of the United States · 1983
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. RyceSupreme Court of Kansas · 2016
- State v. HooverOhio Supreme Court · 2009
- State v. BirchfieldNorth Dakota Supreme Court · 2015
- Anderson v. CommonwealthCourt of Appeals of Virginia · 2006
- Lilly v. CommonwealthCourt of Appeals of Virginia · 2007
16 more not listed; retrieve them via the Exa API.