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BAILEY v. COMMONWEALTH

207 S.E.2d 828 (1974)

Kenneth F. BAILEY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 28, 1974.

Attorney(s) appearing for the Case

Francis E. Clark, Franklin (Richard E. Railey, Courtland, on brief), for plaintiff in error.

A. R. Woodroof, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

PER CURIAM.

Following his arrest for driving under the influence of intoxicants, the defendant, Kenneth F. Bailey, refused to submit to a test to determine the alcoholic content of his blood. For his refusal, he was charged with violating Code § 18.1-55.1, Virginia's Implied Consent Law. Upon his trial therefor, he was convicted, and his operator's license was revoked for a period of 90 days. Code § 18.1-55.1(n). He was granted a writ of error.

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