Appeals Granted

Case

PAUL J. D'AMICO v. COMMONWEALTH OF VIRGINIA
(Record Number 130549)

From

The Circuit Court for Montgomery County, Robert M.D. Turk, Judge.

Counsel

Beverly M. Davis (Davis, Davis & Davis) for appellant.

Patrick R. Jensen (Office of the Commonwealth's Attorney) for appellee.

Assignments of Error

1. 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.
2. 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.

Date Granted

  09-16-2013