Wilson v. Commonwealth

LARRY G. ELDER, Judge.

Edward Thomas Wilson (appellant) appeals from his bench trial conviction for driving under the influence of alcohol in violation of Code § 18.2-266. On appeal, he contends the trial court’s denial of his motion to suppress was error. He argues the off-duty law enforcement officer from another jurisdiction, who observed his driving, acted improperly under color of office to effect a seizure and conduct the investigation that led to appellant’s conviction. He also contends the Commonwealth’s failure to procure or permit him to obtain a blood test amounted to a violation of…