COM. v. RAFFERTY

Record No. 900889.

402 S.E.2d 17 (1991)

COMMONWEALTH of Virginia v. James Joseph RAFFERTY.

Supreme Court of Virginia.

March 1, 1991.


Attorney(s) appearing for the Case

H. Elizabeth Shaffer, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellant.

Jerry M. Phillips (Phillips, Beckwith & Hall, Fairfax on brief), for appellee.

Present: All the Justices.


WHITING, Justice.

In this case, we must decide whether the Commonwealth can appeal from a finding of not guilty in a prosecution for unreasonably refusing to submit to a blood or breath alcohol test. If the Commonwealth can appeal, then we must decide which appellate court has jurisdiction. Finally, if this Court has jurisdiction, we must decide (1) whether the defendant can be charged by summons rather than by warrant, and (2) whether the magistrate's certificate...

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