Roseborough v. Commonwealth – May 12, 2009
Posted by ron on May 12, 2009 · Leave a Comment
Roseborough contended the trial court should have excluded the blood alcohol certificate of analysis produced by his breath test, arguing his arrest was unlawful and the implied consent law required exclusion of a breath test obtained from an unlawful arrest. A published CAV opinion affirmed the trial court’s judgment, finding that Roseborough volunteered to take the breath test before the officer mentioned the implied consent law.
No hearing date has been published.