Neiss v. Commonwealth

Opinion

COLEMAN, J.

Gregory S. Neiss appeals his conviction for driving while intoxicated. He contends that his arrest was unlawful because it was outside the limits of Fairfax City and, therefore, the blood-alcohol test results obtained from the unlawful arrest should not have been admitted as evidence. The trial court held that the arrest was lawful and, thus, the test results were admissible because the Fairfax City police officer had authority to pursue and arrest Neiss beyond the limits of Fairfax City under the “escape, flight and pursuit” exception to the jurisdictional limitation on an…