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said Sheriff John Henry Woodward. “As long as we continue to have DWI convictions in General District Court and there aren’t a lot of overturnings, we’re not going to change the procedure.”
Whether or not to take a defendant who requests the blood test to a hospital will be a decision for the arresting officer, said Luke. “I’m going to keep prosecuting the cases the way I have been,” Luke said. “I feel sure that I can continue to get convictions in District Court at least, and if more are appealed, I’ll argue again and try to change the judge’s mind.”
Since blood tests have to be administered according to certain state guidelines and most of the tests would be given at all hours of the night, Luke does not think that there is a way to have blood tests within Rappahannock. “It would take at least an hour for one of my deputies to take someone arrested for DWI to a hospital for the blood test, and I don’t have the manpower to send a deputy out of the
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