Woolridge v. Commonwealth, 512 S.E.2d 153 (Va. Ct. App. 1999). · Go Syfert
Woolridge v. Commonwealth, 512 S.E.2d 153 (Va. Ct. App. 1999). Cases Citing This Book View Copy Cite
77 citation events (73 in the last 25 years) across 1 distinct court.
Strongest positive: Myron J. Turman v. Commonwealth of Virginia (vactapp, 2007-09-25)
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Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Myron J. Turman v. Commonwealth of Virginia (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2007 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
n accused's willingness to do something he or she is required by law to do is not probative of his or her guilt or innocence . . . .
discussed Cited as authority (rule) Harry Meredith Williams v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
Instead, what constitutes a scintilla of evidence is decided on a “case-by-case basis.” Edwards v. Commonwealth, 65 Va. App. 655, 662-63 (2015) (quoting Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999)).
discussed Cited as authority (rule) Calvin Delonta Watson v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (“Although an instruction correctly states the law, if it is not applicable to the facts and circumstances of the case, it should not be given.” (quoting Hatcher v. Commonwealth, 218 Va. 811, 813-14 (1978))). -8- exposure of willing criminals and to present an opportunity to one willing to commit a crime.” Shavin v. Commonwealth, 17 Va. App. 256, 264 (1993) (alteration in original) (quoting Schneider v. Commonwealth, 230 Va. 379, 381 (1985)).
discussed Cited as authority (rule) James Ray Williams v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
“A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.” King, 64 Va. App. at 587 (alteration in original) (quoting Eaton v. Commonwealth, 240 Va. 236, 255 (1990)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (alteration in origi…
discussed Cited as authority (rule) Ruben Lamar-Tyrese White v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis.” Mayberry v. Commonwealth, 66 Va. App. 93, 101 (2016) (alteration in original) (quoting Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999)).
discussed Cited as authority (rule) Darion Robb v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis.” Id. (alteration in original) (quoting Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999)).
discussed Cited as authority (rule) Preston Kyle Thomas v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2025 · confidence medium
An instruction must be supported by more than a scintilla of evidence.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (emphasis added) (quoting Hatcher v. Commonwealth, 218 Va. 811, 813-14 (1978)); see Buchanan v. (2) he made known his desire for peace by word or act; and (3) he reasonably feared, under the circumstances as they appeared to him, that he was in imminent danger of being killed or that he was in imminent danger of great bodily harm; and (4) he used no more force, under the circumstances as they appeared to him, than was reasonably necessary to protect himself from the …
discussed Cited as authority (rule) Jonathan Armstrong Watkins v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Rather, “[t]he weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (second alteration in original) (quoting Brandau, 16 Va. App. at 412 ).
discussed Cited as authority (rule) Donte Demille Hampton v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis.” Id. (alteration in original) (quoting Woolridge v. Commonwealth, -7- 29 Va. App. 339, 348 (1999)).
discussed Cited as authority (rule) Torrey Rashad Whitlow v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis.” Id. (alteration in original) (quoting Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999)).
discussed Cited as authority (rule) Mumeet Muhammad, s/k/a Tonie Macklin v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Whether credible evidence amounts to “‘more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (alteration in original) (quoting Brandau v. Commonwealth, 16 Va. App. 408, 411-12 (1993)).
cited Cited as authority (rule) Anthony Lamont Brown v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
An instruction must be supported by more than a scintilla of evidence.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (quoting Hatcher v. Commonwealth, 218 Va. 811, 813-14 (1978)).
discussed Cited as authority (rule) Tina C. Rodrigue, M.D. v. Loretta Butts-Franklin
Va. Ct. App. · 2024 · confidence medium
“We have declined to define the term ‘scintilla,’ but instead [have] held that it should be ‘“resolved on a case-by-case basis” by assessing the evidence in support of a proposition against the “other credible evidence that -6- negates” it.’” Edwards v. Commonwealth, 65 Va. App. 655, 662-63 (2015) (quoting Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999)).
cited Cited as authority (rule) Neil Evan Wolfe v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
See Honsinger v. Egan, 266 Va. 269, 274-75 (2003); Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999).
discussed Cited as authority (rule) Paul H. Lundmark v. County of Henrico
Va. Ct. App. · 2023 · confidence medium
“Simply put, the statute does not require proof of the accuracy of an individual test as a prerequisite to admissibility of the resulting certificate.” Id. at 289 (quoting Woolridge v. Commonwealth, 29 Va. App. 339, 345 (1999)).
discussed Cited as authority (rule) Dale Andrew Wolfe v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.” Eaton v. Commonwealth, 240 Va. 236, 255 (1990). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against -4- the ‘other credible evidence that negates’ it.” Lienau, 69 Va. App. at 264 (alteration in original) (quoting Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999)).
cited Cited as authority (rule) Derrick Gerard Tucker, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2021 · confidence medium
Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (quoting Hatcher v. Commonwealth, 218 Va. 811, 813-14 (1978)).
discussed Cited as authority (rule) Steven Wayne Glenn, Sr. v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
In addition to “correctly stat[ing] the law,” Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (quoting Hatcher v. Commonwealth, 218 Va. 811, 813-14 (1978)), the instruction must be “supported by [more than a scintilla of] evidence,” Witherow, 65 Va. App. at 565 (alteration in original) (quoting Eaton v. Commonwealth, 240 Va. 236, 255 (1990)), when viewing the evidence “in the light most favorable to the proponent,” id. at 561 (quoting Commonwealth v. Vaughn, 263 Va. 31, 33 (2002)).
cited Cited as authority (rule) Torre Lamar Middleton v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
Woolridge v. Commonwealth, 29 Va. App. 339, 348 (1999) (quoting Hatcher v. Commonwealth, 218 Va. 811, 813-14 (1978)).
discussed Cited as authority (rule) Thomas Robert Lienau v. Commonwealth of Virginia
Va. Ct. App. · 2019 · confidence medium
“A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.” Id. (alteration in original) (quoting Eaton v. Commonwealth, 240 Va. 236, 255 , 397 S.E.2d 385, 397 (1990)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a -5- proposition against the ‘other credible evidence that negates’ it.” Id. (omission in original) (quoting Woolridge v. Commonwealth, 29 Va. …
discussed Cited as authority (rule) Thomas Robert Lienau v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
“A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.” Id. (alteration in original) (quoting Eaton v. Commonwealth, 240 Va. 236, 255 , 397 S.E.2d 385, 397 (1990)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a -5- proposition against the ‘other credible evidence that negates’ it.” Id. (omission in original) (quoting Woolridge v. Commonwealth, 29 Va. …
discussed Cited as authority (rule) Sergio Ramon Zuniga Robles, a/k/a Sergio Robles v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
“In determining whether evidence amounts to more than a scintilla, ‘we must look at the evidence in the light most favorable to [the proponent of the instruction].’” Bell, 66 Va. App. at 486 , 788 S.E.2d at 275 (quoting Herbin v. Commonwealth, 28 Va. App. 173, 181 , 503 S.E.2d 226, 230 (1998)). -8- “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, …
discussed Cited as authority (rule) Thomas Robert Lienau v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
“A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.” Id. (alteration in original) (quoting Eaton v. Commonwealth, 240 Va. 236, 255 , 397 S.E.2d 385, 397 (1990)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a -5- proposition against the ‘other credible evidence that negates’ it.” Id. (omission in original) (quoting Woolridge v. Commonwealth, 29 Va. …
discussed Cited as authority (rule) Jamar Dominic Green v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
“The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 157 (1999).
cited Cited as authority (rule) Ahmed Riyadh Aloudah v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
Woolridge v. Commonwealth, 29 Va. App. 339, 347 , 512 S.E.2d 153, 157 (1999) (quoting Code § 18.2-267(E)).
discussed Cited as authority (rule) Keith Alexander Mayberry v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
“The weight of the credible evidence that will amount to more than a mere scintilla ... is a matter to be resolved on a case-by-case basis.” Woolridge v. Commonwealth, 29 Va.App. 339, 348 , 512 S.E.2d 153, 157 (1999).
discussed Cited as authority (rule) Jerrell Cortez Edwards v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
We have declined to define the term “scintilla,” but instead held that it should be “ ‘resolved on a case-by-case basis’ by assessing the evidence in support *663 of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, 29 Va.App. 339, 348 , 512 S.E.2d 153, 157 (1999) (quoting Brandau v. Commonwealth, 16 Va.App. 408, 411-12 , 430 S.E.2d 563, 565 (1993)).
discussed Cited as authority (rule) James Scott Witherow, II v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Rather, “[t]he weight of the credible evidence that will amount to more than a mere scintilla ... is a matter to be resolved on a case-by-case basis.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 158 (1999) (quoting Brandau, 16 Va.App. at 411-12 , 430 S.E.2d at 565 ).
examined Cited as authority (rule) LaDawn Shrieves King v. Commonwealth of Virginia (3×)
Va. Ct. App. · 2015 · confidence medium
On appeal, this Court’s “ ‘sole responsibility in review ing [jury instructions] is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.’ ” Molina v. Commonwealth, 272 Va. 666, 671 , 636 S.E.2d 470, 473 (2006) (quoting Swisher v. Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)). “ ‘A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.’ ” Eaton v. Commonwealth, 240 Va. 236, 255 , 397 S.E.2d 385, 397 (1990) (quoti…
discussed Cited as authority (rule) LaDawn Shrieves King v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Additionally, “an instruction must be supported by more than a scintilla of evidence.” Hatcher v. Commonwealth, 218 Va. 811, 814 , 241 S.E.2d 756, 758 (1978) (citing Gibson v. Commonwealth, 216 Va. 412, 417 , 219 S.E.2d 845, 849 (1975)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 158 (1999) (quoting Brandau…
discussed Cited as authority (rule) LaDawn Shrieves King v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Additionally, “an instruction must be supported by more than a scintilla of evidence.” Hatcher v. Commonwealth, 218 Va. 811, 814 , 241 S.E.2d 756, 758 (1978) (citing Gibson v. Commonwealth, 216 Va. 412, 417 , 219 S.E.2d 845, 849 (1975)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 158 (1999) (quoting Brandau…
discussed Cited as authority (rule) Lonnie Alan Burch v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Additionally, “[a]n instruction must be supported by more than a scintilla of evidence.” Hatcher v. Commonwealth, 218 Va. 811, 813-14 , 241 S.E.2d 756, 758 (1978) (citing Gibson v. Commonwealth, 21 Va. 412, 417 , 219 S.E.2d 845, 849 (1975)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 158 (1999) (quoting Bra…
discussed Cited as authority (rule) Robin Lavinnia Mines v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
BACKGROUND The appellate court, when considering a trial court’s refusal to give a proffered jury instruction, views “‘the evidence with respect to the refused instruction in the light most favorable’ to the appellant.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 158 (1999) (quoting Boone v. Commonwealth, 14 Va. App. 130, 131 , 415 S.E.2d 250, 251 (1992)).
discussed Cited as authority (rule) Curtis Tyrell Montague v. Commonwealth of Virginia
Va. Ct. App. · 2013 · confidence medium
“Jury instructions are properly refused if not supported by more than a scintilla of evidence.” Rhodes v. Commonwealth, 41 Va. App. 195, 200 , 583 S.E.2d 773, 775 (2003). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 157-58 (1999) (quoting Brandau v. Commonwealth, 16 Va. App. 408, 411-12 , 430 S.E.2d 563, 565 …
discussed Cited as authority (rule) Tina Marie Juliano, a/k/a Christina Marie Juliano v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Thus, it is not error to refuse an instruction when there is no evidence to support it.” Commonwealth v. Sands, 262 Va. 724, 729 , 553 S.E.2d 733, 736 (2001) (citations omitted). “‘[T]he weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support -4- of a proposition against the ‘other credible evidence that negates’ it.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 157 (1999) (quoting Brandau v. Commonwealth, 16 Va. App. 408, 411-12 , 430 S.E.2d …
discussed Cited as authority (rule) Timothy Jay Neatrour v. Commonwealth
Va. Ct. App. · 2004 · confidence medium
However, “we have held that the results of the preliminary breath test may be admitted into evidence at a pretrial probable cause or suppression hearing.” Woolridge v. Commonwealth, 29 Va. App. 339, 347 , 512 S.E.2d 153, 157 (1999) (citing Stacy, 22 Va. App. at 423 , 470 S.E.2d at 587 ).
discussed Cited as authority (rule) Robert Alonza Harrell v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2000 · confidence medium
The sole issue on appeal is whether the trial court erred in refusing to grant appellant's request for an entrapment jury instruction. "'[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.'" Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 157 (1999) (quoting Morse v. Commonwealth, 17 Va. App. 627, 632-33 , 440 S.E.2d 145, 149 (1994)).
discussed Cited "see, e.g." Jadeen Keivon Person v. Commonwealth of Virginia
Va. Ct. App. · 2026 · signal: see also · confidence medium
“A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.” Eaton v. Commonwealth, 240 Va. 236, 255 (1990) (quoting 8 Defense counsel at trial did not seek a Castle Doctrine instruction. - 10 - Frye v. Commonwealth, 231 Va. 370, 388 (1986)); see also Hughes v. Commonwealth, 43 Va. App. 391, 403 (2004) (finding a jury instruction is proper “if supported by more than a scintilla of evidence” (quoting Commonwealth v. Sands, 262 Va. 724, 729 (2001))). “[T]he weight of the credible evidence that will a…
discussed Cited "see, e.g." Jeremy Deshawn Fitzgerald v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2012 · signal: see also · confidence low
Id.; see also Woolridge v. Commonwealth, 29 Va.App. 339, 345 , 512 S.E.2d 153, 156 (1999) (noting that when a “certificate complie[s] with all the requirements contained in Code § 18.2-268.9, ... the burden [is] on appellant to prove a substantive, rather than merely procedural, irregularity sufficient to defeat the certificate’s admissibility”).
Retrieving the full opinion text from the archive…
Calvin L. WOOLRIDGE
v.
COMMONWEALTH of Virginia
Record 0121-98-2.
Court of Appeals of Virginia.
Mar 23, 1999.
512 S.E.2d 153
Cullen D. Seltzer (David J. Johnson, Public Defender, on brief), for appellant., H. Elizabeth Shaffer, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.
Willis, Elder, Annunziata.
Cited by 37 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Court of Appeals of Virginia (1)
ELDER, Judge.

Calvin Woolridge (appellant) appeals from his jury trial conviction for driving while intoxicated in violation of Code § 18.2-266. On appeal, he contends the trial court erroneously (1) admitted the results of a breath test certificate prepared by a machine which, without explanation, printed a random arabic numeral on the face of the certificate in the middle of the testing official’s name; (2) admitted evidence that appellant was offered a preliminary breath test; and (3) refused appellant’s proffered instruction telling the jury that it could consider appellant’s lack of flight from the arresting officer as a factor in determining his guilt or innocence. For the reasons that follow, we disagree and affirm the conviction.

I.

FACTS

On the evening of December 31, 1996, Officer James E. Schultz, Jr., stopped appellant'for speeding. When Schultz asked for appellant’s license and registration, he noticed the odor of alcohol coming from appellant’s person. In response to an inquiry from Schultz, appellant admitted consuming “a couple of drinks.” Schultz asked appellant to perform some field sobriety tests, which Schultz demonstrated before asking appellant to perform them. Appellant accurately performed one test which involved counting backward from fifty-seven to forty-one, but he was unable successfully to complete either the nine-step heel-to-toe walk or the one-leg stand. Schultz then offered appellant a field alka-sensor test and arrested appellant for driving while intoxicated.

Schultz transported appellant to police headquarters, where he administered a breathalyzer test on the Intoxilizer 5000. Schultz, who was trained to operate the machine, placed his personal identification card in the machine, from which the machine determined that he was its operator. Schultz entered appellant’s name into the machine by hand. Schultz then[*342] administered the test, and the machine produced a certificate of breath analysis indicating that appellant had a blood alcohol concentration of 0.14 grams per 210 liters of breath. On the portion of the certificate listing the operator’s name, the machine printed “SCHULTZ4 JAMES E., JR.” Schultz then signed the certificate, which stated that the test was conducted with approved equipment in accordance with the specifications of the Division of Forensic Science and that the machine “ha[d] been tested within the past six months and found to be accurate.” Schultz explained that he was not personally present when the calibration test was performed on August 30, 1996, but that his training to operate the machine included information that the machine would have been removed from service if it had not been accurate at the time of the last calibration test.

At trial, appellant moved to exclude (1) the breath test certificate and (2) testimony that appellant was offered and was given a preliminary breath test. The trial court ruled that the certificate was admissible and that Officer Schultz could testify that he offered appellant a preliminary breath test. Officer Schultz ultimately testified that “a field alcosensor test was offered to [appellant].”

At the close of the evidence, appellant proffered Jury Instruction X, which he described as “the inverse of [a] flight instruction.” The instruction read: “If a person does not flee the scene of an alleged crime, that fact creates no presumption that the person is innocent of having committed the crime. However, it is a circumstance which you may consider along with the other evidence.” The trial court refused the instruction. The jury convicted appellant of the charged offense.

II.

ANALYSIS

A.

ADMISSIBILITY OF BREATH TEST CERTIFICATE

Appellant contends the trial court erroneously admitted the breath test certificate. He argues that the certificate[*343] did not comply with statutory requirements because the machine printed a random number on the certificate in the middle of the testing official’s name and the testing official, Officer Schultz, could not confirm, based on personal knowledge, that the breathalyzer machine was functioning properly either at the time the machine was tested for accuracy by the Division of Forensic Science as required by Code § 18.2-268.9 or at the time of appellant’s breath alcohol test. We hold that our decision in Anderson v. Commonwealth, 25 Va.App. 26, 486 S.E.2d 115 (1997), read in conjunction with Code § 18.2-268.9, controls our disposition of these issues. We are guided by the principle that “[t]he admissibility of evidence is within the broad discretion of the trial court, and a ruling will not be disturbed on appeal in the absence of an abuse of discretion.”

Code § 18.2-268.9 provides, in relevant part, as follows:

To be capable of being considered valid as evidence in a prosecution under § 18.2-266, § 18.2-266.1, or a similar ordinance, chemical analysis of a person’s breath shall be performed by an individual possessing a valid license to conduct such tests, with a type of equipment and in accordance with methods approved by the Department of Criminal Justice Services, Division of Forensic Science. The Division shall test the accuracy of the breath-testing equipment at least once every six months.
******
Any individual conducting a breath test under the provisions of § 18.2-268.2 shall issue a certificate which will indicate that the test was conducted in accordance with the Division’s specifications, the equipment on which the breath test was conducted has been tested within the past six months and has been found to be accurate, the name of the accused, that prior to administration of the test the accused was advised of his right to observe the process and see the blood alcohol reading on the equipment used to perform the breath test, the date and time the sample was taken from the accused, the sample’s alcohol content, and the name of the person who examined the sample. This certificate,[*344] when attested by the individual conducting the breath test, shall be admissible in any court in any criminal or civil proceeding as evidence of the facts therein stated and of the results of such analysis. Any such certificate of analysis purporting to be signed by a person authorized by the Division shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it----

Interpreting this statute in Anderson, we rejected the contention that the certificate at issue, which contained the same relevant wording in the attestation clause, was inadmissible because the person administering the test had no personal knowledge of the machine’s performance testing. 25 Va.App. at 31, 486 S.E.2d at 117; see id. at 34 n. 3, 486 S.E.2d at 119 n. 3 (Benton, J., dissenting) (reciting language in attestation clause). We held that “[t]he Commonwealth is not required to establish a foundation for the statements contained in the certificate.” Id. at 30, 486 S.E.2d at 116. We reasoned:

“When the certificate contains what the statute requires, the statute makes the certificate self-authenticating for purposes of admissibility. Once the certificate is admitted, the statute makes it evidence of the alcoholic content of the blood to be considered with all other evidence in the case. But the statute does not make the certificate conclusive evidence of the statutory regularity of the test. With respect to regularity of the test, the statute affords the defendant the right to prove noncompliance with test procedures____ Even had he ... proved some prejudicial irregularity in test procedures, such proof would not have defeated admissibility of the certificate but only affected its weight as evidence of the alcoholic content of his blood.”

Id. at 30, 486 S.E.2d at 117 (quoting Stroupe v. Commonwealth, 215 Va. 243, 245, 207 S.E.2d 894, 896 (1974)); see also Code § 18.2-268.11 (providing that substantial compliance with procedures in Code §§ 18.2-268.2 to 18.2-268.9 is sufficient to permit admissibility of blood or breath test results). As a result, we held in Anderson that the “[testing officer’s] personal knowledge of the required test for accuracy affected,[*345] if anything, the weight of the certificate as evidence, not its admissibility.” [1] 25 Va.App. at 30, 486 S.E.2d at 117.

Appellant conceded on oral argument before us that the only distinction between this case and Anderson is that the certificate here contained a random numeral printed in the middle of the testing official’s name, but appellant contends that this distinction required exclusion of the certificate. We disagree. The same principles we enunciated in Anderson apply to Officer Schultz’s ability to confirm that the test was accurate when administered to appellant. Simply put, the statute does not require proof of the accuracy of an individual test as a prerequisite to admissibility of the resulting certificate.

Here, although Schultz could not explain why the machine had printed the number “4” on the breath analysis certificate in the middle of his name, the certificate complied with all the requirements contained in Code § 18.2-268.9, and the burden was on appellant to prove a substantive, rather than merely procedural, irregularity sufficient to defeat the certificate’s admissibility. See Anderson, 25 Va.App. at 30, 486 S.E.2d at 117 (citing Stroupe, 215 Va. at 245, 207 S.E.2d at 896). Compare Brooks v. City of Newport News, 224 Va. 311, 314-15, 295 S.E.2d 801, 803 (1982) (holding that section of statute requiring testing official to possess a valid license to conduct breath tests was substantive such that certificate plainly indicating that license of test administrator had expired was inadmissible) (decided under former § 18.2-268(rl), predecessor of current § 18.2-268.9). Officer Schultz explained that[*346] the machine read his name from an operator identification card Schultz inserted into the machine. A variety of possible reasons might explain the machine’s inclusion of the number “4” in Schultz’s name, including an error in the information encoded on Schultz’s identification card or an error in the machine’s reading of the card. However, neither of these possibilities produces a substantive irregularity sufficient to defeat the certificate’s admissibility. Therefore, the unexplained presence of the number “4” affected only the weight to be given the certificate, not its admissibility. See Anderson, 25 Va.App. at 30, 486 S.E.2d at 117.

Appellant also contends on brief that the trial court failed to consider other issues critical to the certificate’s admissibility— whether it was relevant, material and more probative than prejudicial. Because appellant did not challenge the certificate’s admissibility at trial on any of these grounds, we do not consider on appeal his contention- that any of these factors may have barred admission of the certificate. See Rule 5A:18.

For these reasons, we hold that the trial court did not abuse its discretion in admitting the certificate into evidence. [2]

B.

ADMISSIBILITY OF TESTIMONY THAT APPELLANT WAS OFFERED A PRELIMINARY BREATH TEST

Under Code § 18.2-267(A), “[a]ny person who is suspected of a violation of § 18.2-266 or § 18.2-266.1 shall be entitled, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood.” The statute provides that, “[wjhenever the breath sample analysis indicates that alcohol is present in the person’s blood, the officer may charge the person with [driving while intoxicated].” Code § 18.2-267(D). However, it also[*347] provides that “[t]he results of the breath analysis shall not be admitted into evidence in any prosecution [for driving while intoxicated].” Code § 18.2-267(E) (emphasis added). Therefore, we have held that the results of the preliminary breath test may be admitted into evidence at a pretrial probable cause or suppression hearing, see Stacy v. Commonwealth, 22 Va.App. 417, 423-24, 470 S.E.2d 584, 587 (1996), but “the results ... shall not be admitted into evidence in any prosecution” which determines guilt or innocence, Code § 18.2-267(E); see Stacy, 22 Va.App. at 421-23, 470 S.E.2d at 586-87. The statute does not expressly prohibit the introduction of evidence indicating that the accused has been offered a preliminary breath test.

Appellant contends that evidence that the test was offered, coupled with evidence that appellant was then arrested for DUI, was tantamount to admitting the results of the test. He also contends that the fact that the test was offered was irrelevant and immaterial; because appellant did not question whether Officer Schultz had probable cause to make the arrest, the offering of the test tended to prove no fact in issue.

We disagree. First, the mere fact that appellant did not challenge whether Officer Schultz had probable cause for the arrest did not render immaterial the evidence that the test was offered. Under settled principles, a defendant may not prevent the Commonwealth from offering evidence of a fact simply because the defendant is willing to stipulate to that fact or does not contest its existence. We repeatedly have held that the Commonwealth is not required to accept a defendant’s offer to stipulate and is entitled to offer evidence to prove any fact relevant to the charged offense. See Cantrell v. Commonwealth, 7 Va.App. 269, 287, 373 S.E.2d 328, 337 (1988) (despite defendant’s offer to stipulate, permitting Commonwealth to offer evidence of defendant’s affair as motive for murder of wife); Glover v. Commonwealth, 3 Va.App. 152, 161-62, 348 S.E.2d 434, 440 (1986) (despite defendant’s offer to stipulate, permitting Commonwealth to prove prior convictions to support conviction under recidivist statute), aff'd, 236 Va. 1,[*348] 372 S.E.2d 134 (1988). Here, appellant admits that whether Officer Schultz offered appellant a preliminary breath test was relevant to whether Schultz had probable cause to make the arrest. The mere fact that appellant did not contest this issue did not nullify the Commonwealth’s right to offer evidence on that issue.

Second, we reject appellant’s contention that the admission of this evidence led to the impermissible inference that the test showed the presence of alcohol. The evidence proved ' only that Officer Schultz offered appellant the test; it did not disclose whether appellant agreed or refused to take the test and, therefore, provided no impermissible inference regarding the results of the test.

For these reasons, we hold that the trial court did not abuse its discretion in admitting the challenged evidence.

C.

ENTITLEMENT TO PROFFERED JURY INSTRUCTION X

“[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33, 440 S.E.2d 145, 149 (1994). “Although an instruction correctly states the law, if it is not applicable to the facts and circumstances of the case, it should not be given. An instruction must be supported by more than a scintilla of evidence.” Hatcher v. Commonwealth, 218 Va. 811, 813-14, 241 S.E.2d 756, 758 (1978) (citation omitted). “[T]he weight of the credible evidence that will amount to more than a mere scintilla ... is a matter to be resolved on a case-by-case basis” by assessing the evidence in support of a proposition against the “other credible evidence that negates” it. Brandau v. Commonwealth, 16 Va.App. 408, 411-12, 430 S.E.2d 563, 565 (1993). On appeal, “we view the evidence with respect to the refused instruction in the light most favorable” to the appellant. Boone v. Commonwealth, 14 Va.App. 130, 131, 415 S.E.2d 250, 251 (1992).

[*349] Assuming without deciding that appellant’s proffered instruction correctly states the law, we nevertheless hold that the instruction was not supported by more than a scintilla of evidence. The evidence, viewed in the light most favorable to appellant, shows that Officer Schultz stopped appellant for speeding and that appellant knew he was speeding at the time he was stopped. Therefore, appellant’s failure to flee the scene rather than stop in response to Officer Schultz’s lights does not provide even a scintilla of evidence to support an inference that appellant was innocent of speeding under the facts of this case.

Further, that appellant stopped for Officer Schultz’s flashing lights and remained at the scene after Schultz began to investigate appellant’s possible intoxication also does not provide the scintilla of evidence necessary to support appellant’s proffered instruction. As we previously held in a different context, an accused’s willingness to do something he or she is required by law to do is not probative of his or her guilt or innocence, and evidence that the accused engaged in the required act, therefore, is not admissible. See Hammond, v. Commonwealth, 17 Va.App. 565, 568, 439 S.E.2d 877, 879 (1994) (en banc) (holding that request of accused to take a blood or breath test, under circumstances where Code § 18.2-268.2 required accused to take test, “prove[d] nothing about [the] guilt or innocence [of the accused]” such that evidence was not relevant and trial court did not err in refusing to admit it). Here, appellant was required by law to stop in response to Officer Schultz’s flashing lights and to remain at the scene while Schultz investigated his possible intoxication. See Code § 46.2-817 (criminalizing driver’s failure to stop upon signal from police officer); Code § 18.2-479 (criminalizing flight from custody on charge of misdemeanor or felony). Therefore, appellant’s compliance was not probative of his innocence, and the trial court did not err in refusing his instruction to the contrary.

For these reasons, we affirm appellant’s conviction.

Affirmed.

1

. The Virginia Supreme Court on the merits denied Anderson’s petition for appeal, see Anderson v. Commonwealth, No. 971680 (Va. Dec. 17, 1997), making the holding in Anderson fully binding on this Court. See Harward v. Commonwealth, 5 Va.App. 468, 476, 364 S.E.2d 511, 515 (1988) (noting that " 'decision to ... refuse a petition for writ of error is based upon ... the merits of the case’ ” (quoting Saunders v. Reynolds, 214 Va. 697, 700, 204 S.E.2d 421, 424 (1974))); id. (noting that "doctrine ... applies] even when 'the precise issue involved’ resulted in denial of a petition for a writ of error in a separate case” (quoting Stillwell v. Commonwealth, 219 Va. 214, 226, 247 S.E.2d 360, 368 (1978))).

2

. Appellant challenges only the admissibility of the certificate. He does not challenge the sufficiency of the evidence to prove his blood alcohol level violated Code § 18.2-266.