Talley v. Commonwealth

Opinion

ELDER, J.

Elizabeth Ann Talley appeals from her conviction for driving under the influence in violation of Code § 18.2-266. On appeal, she argues that the trial court erred in holding that the blood test she requested was unavailable within the meaning of Code § 18.2-268. For the reasons set forth below, we affirm appellant’s conviction.

I

At 12:49 a.m. on June 6, 1991, Deputy Mootz of the Powhatan County Sheriff’s Department observed appellant’s vehicle alternately straddling the center line, weaving, and varying its speed. Mootz stopped appellant and administered a series of field…