Commonwealth v. Kennison

By Judge Paul M. Peatross, Jr.

The Court has taken this case under advisement after the defendant’s motion to strike for the Commonwealth’s failure to produce evidence of why a breath test was not made available to the defendant. The motion was first considered and overruled prior to the jury verdict. The jury subsequently found the defendant guilty of unreasonably refusing to permit a sample of blood or breath to be taken to determine the alcohol or drug or both drug and alcohol content of the blood in violation of Code § 18.2-268.2. In light of the jury’s decision, the Court reconsidered the…