Hammond v. Commonwealth

UPON A REHEARING EN BANC

Opinion

MOON, C.J.

We granted a rehearing en banc to Frederick J. Hammond, appellant, after a panel of this Court affirmed his conviction of driving under the influence. Hammond v. Commonwealth, 16 Va. App. 347, 429 S.E.2d 631 (1993). Appellant contends that the trial judge erred in refusing to admit in evidence (1) that appellant requested a breath test that was not administered, and (2) that appellant was acquitted of refusal to take a blood test. Because evidence of the request and the acquittal were not relevant, we affirm.

On January 30, 1991, shortly after midnight,…