Bennett v. Commonwealth

WILLIS, Judge.

On appeal from his conviction of operating a motor vehicle while under the influence of alcohol, in violation of Code § 18.2-266, Allen Dale Bennett contends that the trial court erred (1) in refusing to decide whether the Commonwealth complied with Code § 18.2-268.2 and ruling that this issue was a jury question, and (2) in refusing to allow him to introduce evidence of the district court testimony of an absent witness, whom he had failed to summon. We reverse the judgment of the trial court on the first issue and remand the case.

On January 18,1997, Bennett ran a red light and…