Court Rules Defendant’s DUI Conviction Stands Where Lawyer Failed to Raise a Necessary Objection.

Posted on Jun 13, 2011

The Virginia Court of Appeals has affirmed a defendant's DUI conviction following a  trial in which the defendant's attorney failed to object to the admissibility the results of the blood alcohol attest until after the trial.
The court held that it would not invoke the "ends of justice exception" the rule that requires timely objections be made during a trial. The defendant's lawyer did not object to the admissibility of the blood results, but instead attacked its weight. Accordingly, the defendant waived her argument by failing to object.
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