Commonwealth v. Bandy

By JUDGE J. SAMUEL JOHNSTON, JR.

The issue of the Commonwealth’s right to appeal a dismissal of a refusal of a blood or breath test has been previously decided by the Virginia Supreme Court in City of Virginia Beach v. Robert R. Reneau, 217 Va. 867 (1977). See also City of Norfolk v. Milton L. Brown, 218 Va. 924 (1978). The language in those cases leaves no doubt in my mind as to the Commonwealth’s having the right to appeal a dismissal of a refusal of the blood or breath test. Thus, I find that the Commonwealth has that right and properly exercised the same in the instant case.

Having decided…