CasePAUL J. D'AMICO v. COMMONWEALTH OF VIRGINIA
(Record Number 130549)
FromThe Circuit Court for Montgomery County, Robert M.D. Turk, Judge.
CounselBeverly M. Davis (Davis, Davis & Davis) for appellant.
Patrick R. Jensen (Office of the Commonwealth's Attorney) for appellee.
Assignments of Error
- In this case of first impression, the trial court erred by admitting Commonwealth's Exhibit 1, the "Declaration and Acknowledgment of Refusal" Form, where the form was not attached to the summons; the arresting officer did not read the form to the defendant; and the arresting officer had no personal knowledge of a refusal; violating Code § 18.2-268.3 (B) and (C), the form's oath and plain terms, and Virginia evidence law.
- The trial court erred by denying the motion to strike the Commonwealth's evidence of unreasonable refusal under Virginia Code § 18.2-268.3, where the arresting officer did not read the refusal form to the defendant, or have any personal knowledge of a subsequent refusal.