Commonwealth v. Wood

By Judge Edward L. Hogshire

On April 9, 2007, the Defendant, Jason A. Wood, appealed his conviction for Driving While Intoxicated, Va. Code Ann. § 18.2-266, arguing that, because he was not operating his vehicle on a “public highway” when approached by police, Virginia’s implied consent law, Va. Code Ann. § 18.2-268.2, did not apply in his case; thus, the results of the breath test conducted on him by police pursuant to that provision should not be admitted at the trial of his appeal, without which, the evidence is insufficient to convict. For the reasons stated below, the Court holds that,…