Brown-Fitzgerald v. Commonwealth

ELIZABETH A. McCLANAHAN, Judge.

Cheryl Brown-Fitzgerald appeals her conviction of driving while under the influence of alcohol. On appeal, she argues the trial court erred in refusing to dismiss her case contending she was denied a breath test in violation of the implied consent statute. We affirm the trial court.

I. BACKGROUND

Officer Richard Mukherjee of the Fairfax County Police Department arrested Brown-Fitzgerald for driving while intoxicated in violation of Code § 18.2-266. During her transport to the detention center and after her arrival there, Brown-Fitzgerald experienced breathing…