Gallagher v. Commonwealth

The defendant, Roy Louis Gallagher, was convicted by a jury of operating a motor vehicle while under the influence of intoxicants, in violation of § 18.1-54 of the Code, and was sentenced to pay a fine of $200 in accordance with the verdict. He contends here that he was improperly convicted, first, because not all of the requirements of § 18.1-55 of the Code, as amended, were complied with in making an analysis of his blood; and, second, because he did not drive or operate his motor vehicle as contemplated by § 18.1-54. The evidence, which was without material conflict,, was as follows:

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