Bottoms v. Commonwealth

ELDER, Judge.

Stuart Allen Bottoms (appellant) appeals Ms conviction for driving under the influence of alcohol in violation of Code § 18.2-266. Appellant contends that the trial court erred in failing to suppress blood test results because the circuit court clerk did not send appellant a copy of the certificate of analysis after he had requested it in writing pursuant to Code § 19.2-187(ii). Because the certificate was not delivered to appellant seven days prior to trial, we reverse the conviction and remand the case for retrial if the Commonwealth be so advised.

The record shows that on…