Legal Opinion

Cutright v. Commonwealth

Court of Appeals of Virginia

Decided August 17, 2004No. 1559032PublishedCited by 16 opinions

1Opinion of the Court

KELSEY, Judge.

The trial court convicted Richard A. Outright of driving while intoxicated in violation of Code § 18.2-266. Because the Commonwealth gave him only one laboratory to choose from to perform an independent blood analysis, Outright argues that the court should have dismissed his DUI charge or, short of that, at least suppressed the results of the blood tests. Finding neither remedy applies in this case, we affirm.

I

On appeal, we review the evidence in the “light most favorable” to the Commonwealth. Commonwealth v. Hudson, 265 Va. 505, 514, 578 S.E.2d 781, 786 (2003). “That principle…

2Cases cited25 opinions

  1. Commonwealth v. HudsonSupreme Court of Virginia · 2003
  2. Seaton v. CommonwealthCourt of Appeals of Virginia · 2004
  3. Vinson v. CommonwealthSupreme Court of Virginia · 1999
  4. Janis v. CommonwealthCourt of Appeals of Virginia · 1996
  5. Overbee v. CommonwealthSupreme Court of Virginia · 1984

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

3Cited by16 opinions

  1. Stevens v. CommonwealthCourt of Appeals of Virginia · 2004
  2. Brown-Fitzgerald v. CommonwealthCourt of Appeals of Virginia · 2008
  3. James Willis Campbell, Sr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2016
  4. Young v. CommonwealthCourt of Appeals of Virginia · 2011
  5. Jeremy Deshawn Fitzgerald v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2012

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

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