Davis v. Commonwealth

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.