Kemp v. Commonwealth

Opinion

BENTON, J.

On this appeal from a conviction of driving a motor vehicle while intoxicated in violation of Code § 18.2-266, Robert H. Kemp, Jr. contends that the trial judge erred in admitting the certificate of blood analysis. He argues that the certificate should not have been admitted because the Commonwealth (1) did not prove that the person who took the blood sample was qualified to do so, and (2) was unable to account for the second vial of blood or produce the independent analysis of Kemp’s blood. Kemp also contends the evidence was insufficient to sustain a conviction for driving…