Shoemaker v. Commonwealth

Opinion

FITZPATRICK, J.

Charles Eugene Shoemaker (appellant) was found guilty in a bench trial of driving while intoxicated in violation of Code § 18.2-266. He argues that the trial court erred by failing to dismiss the charge against him after it determined that the results of appellant’s independent blood test were unavailable. Because we find that the Commonwealth failed to substantially comply with the requirements of Code § 18.2-268.6, we reverse the conviction and dismiss the prosecution.

BACKGROUND

On September 7, 1991, at approximately 12:50 a.m., appellant, driving a 1978 Ford pickup…