Henry v. Commonwealth

FITZPATRICK, Chief Judge.

William Bascom Henry (appellant) was convicted in a bench trial of driving under the influence of alcohol in violation of Code § 18.2-266. The sole issue on appeal is whether the trial court erred in admitting the breath analysis results into evidence when the breath testing equipment was not stored in compliance with 6 VAC 20-190-40. For the reasons that follow, we affirm the conviction.

I. BACKGROUND

Under familiar principles of appellate review, we examine the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly…