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Home / Opinion Digests / Traffic Offenses – DUI – Third Offense – Breathalyzer Operator (access required)

Traffic Offenses – DUI – Third Offense – Breathalyzer Operator (access required)

The appellate court affirms defendant's conviction of driving while intoxicated, third offense within 10 years, in violation of Va. Code Sects. 18.2-266 and 18.2-270. Defendant appeals her conviction, contending she was denied various constitutional and statutory rights when the prosecutor "secretly released the breathalyzer operator from his obligation to appear at trial"; the trial judge ...

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