Taylor v. Commonwealth

Opinion

BENTON, J.

Alexander L. Taylor was convicted of operating a motor vehicle in violation of Code § 18.2-266(i), while having a blood alcohol concentration (BAC) of 0.10 percent or more by weight by volume as indicated by a breath test. He presents two questions on this appeal: (1) whether the trial judge erred in instructing the jury that the test measured the amount of alcohol at the time of the offense; and (2) whether the trial judge abused his discretion in denying Taylor’s motion to enter the Alcohol Safety Action Program (ASAP). We reverse the conviction as to both questions and…