Alcohol testing, evidence, policy and procedure.

Kimberly Stacey appeals a lower court's decision to admit contested evidence during her trial on charges of driving while intoxicated. A police officer stopped Stacey's vehicle after seeing her drive from the roadway. Stacey told the officer she had consumed alcohol earlier in the evening. The officer later testified that she performed a field sobriety test without difficulty. Stacey next performed a breath test and posted a result that indicated her blood alcohol level exceeded legal limits. The officer arrested Stacey and charged her with driving while intoxicated.

A trial court rejected Stacey's attempt to block admission of the alcohol test results. Stacey argued the officer lacked probable cause to stop her vehicle. She argued her arrest was not valid because she had been stopped illegally. The court admitted the test results and later convicted Stacey of driving while intoxicated. Stacey now appeals.

Stacey loses. The Virginia Court of Appeals affirmed the lower court's decision to admit the test results as evidence. The appeals court stated the lower court properly ruled on the question. The appeals court upheld Stacey's conviction.