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WOLFE V. COMMONWEALTH, 67 VA. APP. 97 (DECIDED DECEMBER 13, 2016)


The trial court did not err in denying defendant’s motion to suppress the blood test results, as the deputy had probable cause to arrest defendant for a violation of Va. Code Ann.§ 18.2-266, the deputy attempted to administer a breath test to defendant, and the deputy transported defendant to the hospital for the blood test after defendant was unable to stop burping an in order to take the breath test; [2]-Evidence of defendant’s inability to perform the breath test was appropriately before the jury to explain why a blood test was performed under Va. Code Ann. § 18.2-268.2(B).

Outcome
Judgment affirmed.

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28+ years representing you
16,000+ clients represented
9 different states we have
appeared in
130+ jurisdictions served
1,600+ family law clients
2,000+ criminal defense clients
200+ personal injury clients
1,600+ estate planning clients

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