Quinn v. Commonwealth

Opinion

COLEMAN, J.

Reginald Hubert Quinn was convicted of refusing to permit the taking of samples of either his blood or breath in violation of the Virginia implied consent law, Code § 18.2-268(B) and (T). At trial, Quinn attempted to call two witnesses who would have testified that he appeared to be sober and operated his vehicle proficiently just before he was involved in the accident that resulted in the charge of driving while intoxicated. The trial court refused to admit this testimony, ruling that evidence concerning his sobriety was immaterial on the issue whether refusal of the blood…