Commonwealth v. Walsh

By Judge G. Carter Greer

The defendant, who stands indicted of maiming another person while driving under the influence of alcohol, in violation of Va. Code § 18.2-51.4, has filed two motions in limine, seeking an order prohibiting the Commonwealth from introducing into evidence the results of a blood alcohol test performed on the defendant through drawing a sample of his blood. In the first motion, the defendant argues that (1) since he was not arrested for a violation of Va. Code § 18.2-266, the implied consent law does not apply, and that (2) “[s]ince the breath test was available, [and the…