Essex v. Commonwealth

In Essex v. Commonwealth, 228 Va. 273, 286, 322 S.E.2d 216, 223 (1984), the trial court erred when it instructed on the statutory presumptions. In that case, a test performed at a hospital, but not pursuant to the implied consent law, did not raise the presumptions. "Code 18.2-269 expressly provides that the presumptions it creates arise only when a blood-alcohol test is conducted 'in accordance with the provisions of 18.2-268 now 18.2-268.1 et seq..'" Id. at 286, 322 S.E.2d at 223.