Jones v. City of Virginia Beach

Opinion

BENTON, J.

Samuel Jones was convicted of public intoxication in violation of the City of Virginia Beach Code § 23-22. On this appeal, Jones contends that he was denied due process because (1) he was denied access to an exculpatory certificate of breath alcohol analysis; (2) the trial judge denied his request to call the breath test operator as a witness; and (3) the trial judge failed to act upon his motion to vacate the judgment before losing jurisdiction over the case. We reverse the conviction.

I

Both parties filed a written statement of facts and testimony in accordance with Rule…