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Home / Opinion Digests / Traffic Offenses – Breath Test Refusal – Lawyer's Presence (access required)

Traffic Offenses – Breath Test Refusal – Lawyer's Presence (access required)

A defendant could not defend against a charge of refusal to take a breath test on the ground that he could refuse to take the test without a lawyer present, and his conviction under Va. Code Sect. 18.1-268.3 for unreasonable refusal to take the test is affirmed. Defendant impliedly consented to a breath test when ...

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