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DISTRICT OF COLUMBIA v. McCONNELL

No. 81-1443.

464 A.2d 126 (1983)

DISTRICT OF COLUMBIA, Appellant, v. Gregory R. McCONNELL, Appellee.

District of Columbia Court of Appeals.

Reargued October 29, 1982.

Decided July 18, 1983.

Attorney(s) appearing for the Case

Richard B. Nettler, Asst. Corp. Counsel, Washington, D.C., with whom Judith W. Rogers, Corp. Counsel and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the briefs, for appellant.

Arthur M. Reynolds, Jr., Washington, D.C., for appellee.

Elizabeth Symonds, Washington, D.C., with whom Arthur B. Spitzer, Washington, D.C., was on the brief, for amicus curiae, American Civil Liberties Union Fund of the Nat. Capital Area.

Before NEBEKER and BELSON, Associate Judges, and YEAGLEY, Associate Judge, Retired.

YEAGLEY, Associate Judge, Retired:

An information filed on July 29, 1981, charged appellee with, inter alia, operating a motor vehicle while under the influence of intoxicating liquor. D.C.Code § 40-716(b) (1981).1 The government appeals from the trial court's order denying its pretrial motion to introduce evidence of appellee's refusal to submit to a breathalyzer test following his arrest.2 The...

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