Brothers v. Commonwealth

JEAN HARRISON CLEMENTS, Judge.

Robert B. Brothers, III, (appellant) was convicted in a jury trial of unreasonable refusal to submit to a breath test, after having been convicted of two predicate offenses within ten years, in violation of Code § 18.2-268.3. On appeal, he contends the trial court erred by instructing the jury that the consent to submit to a breath test is not a qualified or conditional consent and that a person’s unwillingness to take the test without access to counsel is not a reasonable basis to refuse the test. Finding no error, we affirm the trial court’s judgment and…