Commonwealth v. Stewart

By Judge John M. Tran

Defendant Jamila Stewart was arrested for driving while intoxicated. Prior to arresting her, the police officer administered a preliminary breath test (“PBT”). Defendant contends that the results from the PBT should be excluded from the Court’s determination of probable cause because the police officer failed to advise her of the right to refuse under Va. Code § 18.2-267(F). At the suppression hearing, the Court denied Defendant’s motion to exclude the PBT results, but invited the filing of a Motion for Reconsideration that specifically addressed the issue of whether…