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Davis v. Commonwealth6/6/1989
[8 VaApp Page 292] Kenneth Palestine Davis was convicted in a bench trial pursuant to Code § 18.2-266(i) of driving a motor vehicle while he had a blood alcohol concentration of .10 percent or more by weight by volume as indicated by a chemical test administered in accordance with the provisions of Code § 18.2-268. On appeal, Davis phrases the issues to be addressed in the following manner: (1) whether, in accordance with the language of Code § 18.2-266(i), the Commonwealth met its burden of proof in establishing that Davis' blood alcohol content was .10 percent or more while he was operating his vehicle; and (2) whether the trial court correctly ruled that Code § 18.2-266(i) precludes an accused
from introducing evidence of his condition at the time of the alleged incident.
The essential facts leading to the charge against Davis are not in dispute. On November 24, 1986, at some time prior to 9:00 p.m. on Route 29 in Madison Heights, a truck driven by Davis struck the rear of a truck driven by John Hines, which was stopped at a stop light. Trooper Lynn Roach, a Virginia State Police officer, arrived at the scene of the accident at 9:15 p.m. and interviewed Davis and Hines. Hines related to Trooper Roach that Davis had attributed the accident to faulty brakes on his truck. Hines further related that he did not detect an odor of alcohol about Davis and that Davis was polite and apologetic about the accident. Davis, however, related to Trooper Roach that "he had had one beer in Danville, Virginia, as he was coming up on his trip from Danville up 29 through Lynchburg going on North up 29." Davis stated that he had nothing alcoholic to drink after the accident. After administering a field sobriety test, Trooper Roach arrested Davis at 9:45 p.m. Subsequently, a blood test was administered on Davis at 10:17 that evening. The test results were reported as .10 percent by weight by volume.
At trial, Davis conceded that he was driving at the time of the accident and that the blood test was administered "in accordance with the provisions of Code § 18.2-268." He also concedes these facts on appeal. However, because the test results were reported precisely at .10 percent, the minimum proscribed by Code § 18.2-266(i), he challenges the accuracy of these results and asserts that they did not accurately reflect his blood alcohol concentration at the time he was driving his truck.
In this context, it is apparent from the record that Davis intended a three-pronged defense to the charge. First, while conceding that the blood test was properly administered, he intended to challenge the precision of the test results based on standard deviations
inherent in the test procedures. Second, he intended to introduce evidence that the test results only established his blood alcohol concentration at the time the test was performed and not necessarily at the time he was driving. Third, he intended to introduce evidence that at the time the accident occurred, regardless of the subsequent blood test results, he was not under the influence of alcohol and rather the accident resulted from faulty brakes on his truck.
In anticipation of his defenses, Davis filed a pretrial motion to determine whether evidence of his "condition during the accident" would be admissible at trial. By order entered on June 30, 1987, the trial court ruled that Davis would not be permitted to introduce evidence relating to his "condition at the time of the alleged offense" because his condition a
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