Zinner v. Commonwealth (U)

The court affirmed the appellant’s conviction for DUI, first offense. Assuming without deciding that the trial court erred in allowing expert testimony regarding the appellant’s blood alcohol content based on “retrograde extrapolation,” other evidence supported his conviction. He smelled of alcohol, his speech was slurred, and his eyes were droopy. He seemed incoherent. He had rear-ended a family’s van but didn’t remember it. He left the scene and was found six hours later about a mile away, unconscious and smelling of alcohol. He admitted that he’d been drinking and driving. Hospital records indicated that seven hours after the accident, his blood alcohol content was between 0.20 and 0.22%, and he was still showing signs of intoxication.

Zinner v. Commonwealth (U), No. 1289-17-1, Nov. 6, 2018. CAV (Frank) from Va. Beach (Shockley).

Categories: Court of Appeals of Virginia, Opinions, Unpublished


%d bloggers like this: