Rasmussen v. Commonwealth

ANNUNZIATA, Judge.

David T. Rasmussen appeals his conviction for drank driving (third offense within ten years), contending that the result of a breathalyzer test administered to him following his arrest was improperly admitted at trial. We find no error and affirm.

FACTS

Upon review, we view the facts in the light most favorable to the Commonwealth, the party prevailing below. See Clifton v. Commonwealth, 22 Va.App. 178, 180, 468 S.E.2d 155, 156 (1996) (citing Higginbotham v. Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975)). On August 3, 1997, Rasmussen was driving a motorcycle at 74…