Lemond v. Commonwealth

Opinion

COLE, S.J.

Karen Sue Lemond was convicted of driving under the influence of alcohol, second offense. See Code §§ 18.2-266 and 18.2-270. On appeal, she contends: (1) that the trial court erred in failing to suppress her breath test results from the Intoximeter 3000 because it did not perform a “chemical analysis” as required by Code § 18.2-268.9; (2) that the trial court erred in granting a jury instruction stating that the breath test established a rebuttable presumption that she had a blood alcohol content of *6890.10 percent or more at the time of the offense; and (3) that the evidence was…