City of Norfolk v. Brown

This is an appeal by the City of Norfolk (City) from the trial court’s dismissal of a warrant charging Milton L. Brown (Brown) with refusing to take a blood or breath alcohol test as required under Norfolk City Code § 29-44, an ordinance which parallels § 18.2-268 of the Code of Virginia (Repl. Vol. 1975).

By cross-error, Brown challenges this court’s jurisdiction to entertain the City’s appeal. A refusal proceeding, however, is administrative and civil, not criminal, in nature. Deaner v. Commonwealth, 210 Va. 285, 170 S.E.2d 199 (1969). Hence, this court has jurisdiction in the case. Virginia…