Cash v. Commonwealth

Opinion

BENTON, J.

Upon the Commonwealth’s appeal from a dismissal in the general district court, Larry W. Cash was tried by jury in the circuit court on a charge of refusing to take a blood or breath test. In this appeal from the jury’s judgment that he refused to take a blood or breath test in violation of Code § 18.2-268, Cash contends that the trial judge erred in refusing to allow into evidence the warrant charging him with driving while intoxicated (DWI) and medical records of his hospital admission following his release from custody. We conclude that the refused documents were relevant…