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Ernest KAY, Appellant,
vs.
UNITED STATES of America, Appellee
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Issues:
Alcohol testing, evidence, chain of custody, policy and procedure, DUI
Case Summary:
Ernest Kay appeals his DUI conviction. Federal officers investigating a two vehicle collision on a federal highway detected an alcohol odor on Kay's breath. Police arrested Kay, and a subsequent blood test indicated his blood alcohol content exceed the legal limit. Kay challenged the handling of evidence used to convict him.
Decision of lower jurisdiction:
The U.S. District Court for the Eastern District of Virginia found Kay guilty of DUI. Kay now appeals.
Outcome:
Kay loses. The U.S. Court of Appeals for the Fourth Circuit affirmed the lower court's ruling. The appeals court ruled the lower court made no reversible error in the handling of Kay's case.