Hammond v. Commonwealth

Opinion

MOON, C.J.*

Frederick J. Hammond, appellant, seeks reversal of his driving under the influence (DUI) conviction on the grounds that the trial judge refused to admit in evidence (1) that appellant requested a breath test that was not administered, and (2) that appellant was acquitted of refusal to take a blood test. Because evidence of the request and the acquittal were not relevant, we affirm.

On January 30, 1991, shortly after midnight, Trooper Stinson of the Virginia State Police observed the appellant’s car pass through the stationary radar that Stinson was operating. Appellant was…