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EAMES v. TOWN OF ROCKY MOUNT

Record No. 751158.

225 S.E.2d 197 (1976)

George William EAMES v. TOWN OF ROCKY MOUNT.

Supreme Court of Virginia.

June 11, 1976.

Attorney(s) appearing for the Case

William G. Davis, Rocky Mount (Davis, Davis, Raine & Davis, Rocky Mount, on brief), for plaintiff in error.

William N. Alexander, II, Rocky Mount (Greer & Alexander, Rocky Mount, on brief), for defendant in error.

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

PER CURIAM.

This case involves a charge against George William Eames of unreasonable refusal to take a blood or breath alcohol test. The question for decision is whether, at his trial in the circuit court, Eames was entitled to have a jury determine the reasonableness of his refusal.

The record shows that on December 10, 1974, Eames was arrested by a police officer of the Town of Rocky Mount upon a charge of operating a motor vehicle while under the influence...

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