Commonwealth v. Quisenberry

By Judge Rosemarie Annunziata

The matter under advisement is defendant Annette Quisenberry’s motion to suppress the results of a breathalyzer test administered pursuant to Va. Code § 18.2-268 on the ground that her arrest for driving while intoxicated was invalid. For the reasons stated below, the motion is granted.

The following facts have been considered by the Court together with the relevant case law, the briefs and the argument of counsel. In the early morning hours of October 13, 1991, Sgt. Stephen J. Thompson responded to a call to go to Quander Road near its intersection with Duke…