Thomas v. Commonwealth

BENTON, Judge.

Ulysses L. Thomas was convicted of driving after having been declared an habitual offender, Code § 46.2-357, and of refusal to permit blood or breath samples to be taken for alcohol tests, Code § 18.2-268.3. He contends that the convictions should be reversed because the evidence of his guilt was obtained as a result of an unlawful stop. We agree as to the conviction for violating Code § 46.2-357 and reverse that conviction. However, we lack jurisdiction over the refusal conviction.

Prior to trial, Thomas filed a motion to suppress the evidence. The motion alleged that the…