Legal Opinion

Roseborough v. Commonwealth

Court of Appeals of Virginia

Decided February 24, 2009No. Record 2377-07-4PublishedCited by 2 opinions

1Opinion of the Court

*452BEALES, J., Judge.

Lawrence W. Roseborough (appellant) was convicted by the trial court of driving while intoxicated (DWI), in violation of Code § 18.2-266. On appeal, he argues that the trial court erred in admitting a certificate of analysis containing the results of his breath test because the “test was not administered pursuant to the implied consent law.” Specifically, he contends that his arrest was unlawful and, therefore, Code § 18.2-268.2(A), commonly referred to as the implied consent statute, required the exclusion of the certificate of analysis from his trial. Assuming without…

2Cases cited12 opinions

  1. Hubbard v. Henrico Ltd. PartnershipSupreme Court of Virginia · 1998
  2. Neal v. CommonwealthCourt of Appeals of Virginia · 1992
  3. State v. WetherellWashington Supreme Court · 1973
  4. Durant v. City of SuffolkCourt of Appeals of Virginia · 1987
  5. Wright v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1993

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Roseborough v. Com.Supreme Court of Virginia · 2011
  2. Roseborough v. CommonwealthCourt of Appeals of Virginia · 2009

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