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STATE v. ADAMS

No. 13854.

247 S.E.2d 475 (1978)

STATE of West Virginia v. David Leonard ADAMS.

Supreme Court of Appeals of West Virginia.

September 26, 1978.

Attorney(s) appearing for the Case

Lawrance S. Miller, Jr., Dailey & Miller, Kingwood, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Gregory E. Elliott, Asst. Atty. Gen., Charleston, for defendant in error.

HARSHBARGER, Justice:

David Leonard Adams, while driving a friend's car, was stopped and questioned by police who knew he had no valid West Virginia operator's license. He behaved erratically and was given a sobriety test,1 and then was arrested for driving while intoxicated. He refused to take a "breathalyzer" test. At trial, the State introduced, over objection, evidence that Adams refused to take the test. He was convicted and brings...

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