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NORFOLK v. BROWN

Record No. 761595.

243 S.E.2d 200 (1978)

CITY OF NORFOLK v. Milton L. BROWN.

Supreme Court of Virginia.

April 21, 1978.

Attorney(s) appearing for the Case

Alan M. Salsbury, Norfolk (Philip R. Trapani, City Atty., Benjamin W. Bull, Asst. City Atty., on brief), for appellant.

Stephen C. Swain, Virginia Beach (Clark, Hofheimer & Stant, P. C., Virginia Beach, on brief), for appellee.

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

PER CURIAM.

This is an appeal by the City of Norfolk (City) from the trial court's dismissal of a warrant charging Milton L. Brown (Brown) with refusing to take a blood or breath alcohol test as required under Norfolk City Code § 29-44, an ordinance which parallels § 18.2-268 of the Code of Virginia (Repl. Vol. 1975).

By cross-error, Brown challenges this court's jurisdiction to entertain the City's appeal. A refusal proceeding, however, is administrative...

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