Green v. CommonwealthAnnotate this Case
The Supreme Court reversed Defendant's conviction for refusing to take a breath or blood test in violation of Va. Code 29.1-738.2 and remanded the case for further proceedings, holding that the trial court erred when it held that Defendant had been required to challenge the lawfulness of his arrest prior to trial pursuant to Va. Code 19.2-266.2.
During trial, Defendant argued that his arrest was unlawful and that certain evidence had not been supported by probate cause. The trial court ruled that Defendant's objection to his arrest had to be raised by motion or objection before trial, in accordance with section 19.2-266.2(A), and denied his objection. Thereafter, the trial court found Defendant guilty. The Supreme Court reversed, holding that the trial court erred by not permitting him to present evidence in support of his challenge to the lawfulness of his arrest.