City of Virginia Beach v. Siebert

The sole issue in this appeal is whether a municipality has a right of appeal to the circuit court from a general district court judgment dismissing a charge of refusal to submit to a blood or breath alcohol test.

In January 1995, Eric M. Siebert was arrested in the City of Virginia Beach (the City) for driving under the influence of alcohol. He also was charged with refusing to take a blood or breath alcohol test, in violation of Virginia Beach City Code § 21-338(c). The general district court dismissed the refusal charge, and the City appealed the dismissal to the circuit court.

In the…