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Breeden v. Commonwealth

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eBook details

  • Title: Breeden v. Commonwealth
  • Author : Virginia Court of Appeals
  • Release Date : January 29, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Brenda Breeden, appellant, appeals from her conviction of driving under the influence of alcohol in violation of Code 18.2-266(ii). She contends that she should not have been convicted of the charge because the Commonwealth denied her the right to a blood test without showing that a blood test was unavailable. We find that her right to a blood test was denied when she was refused such a test without a showing that it was unavailable. As a result, we hold that the charge of driving while under the influence of alcohol should have been dismissed because the denial of her right to a blood test deprived her of an opportunity to prove her innocence.


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