Hammond v. Commonwealth

Koontz, X, with whom Elder, X,

joins, concurring in part and dissenting in part.

For the reasons I have previously expressed, I concur with the majority’s holding that evidence of Hammond’s acquittal on the charge of refusal to take a breath test was properly excluded at his subsequent DUI trial. Similarly, I respectfully dissent from the majority’s holding that the trial court properly excluded at trial evidence of Hammond’s request to take a breath test. See Hammond v. Commonwealth, 16 Va. App. 347, 351, 429 S.E.2d 631, 634 (1993) (Koontz, J., concurring in part and dissenting in part).3

My…