Roseborough v. Commonwealth

UPON A REHEARING EN BANC

BEALES, Judge.

Lawrence W. Roseborough (appellant) was convicted by the trial court of driving while intoxicated (DWI), in violation of Code § 18.2-266. After granting his petition for appeal, a panel of this Court affirmed his conviction, with one judge *655dissenting. Appellant’s petition for en banc review by this Court was then granted.

Appellant contends that the trial court “err[ed] 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.” Essentially, appellant argues…