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off the right hand shoulder of Route 642 and traveled 65 feet along the shoulder, hit an embankment, went 81 more feet and hit another embankment. Trooper Baines transported Sutphin to the county court house and administered a breathalizer test.
Sutphin’s attorney, Bill Fletcher, asked Trooper Baines if he had advised Sutphin of his right to have a blood test if he was transported to a hospital. Trooper Baines said no, and Judge Alexander reminded Fletcher that Sutphin had signed a form stating that he was aware that blood tests are not available in Rappahannock. Fletcher asked Trooper Baines if blood tests are available in Fauquier, and he replied that they are.
Fletcher also asked Trooper Baines why Sutphin had been asked to blow into the breathalizer machine twice. “He blew into the wrong part of the machine the first time, so I advised him that I could not force him to take the test a second time, but he signed a second form and I got a reading the second time,” Trooper Baines said.
Fletcher asked if Trooper Baines had noticed any injury suffered by Sutphin during the accident, and Trooper Baines replied that he had noticed a little blood on Sutphin’s ear. When questioned by Fletcher, Sutphin testified that the accident had occurred at
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