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TAYLOR v. COM.

Record No. 0955-89-2.

404 S.E.2d 78 (1991)

Alexander L. TAYLOR v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 30, 1991.

Attorney(s) appearing for the Case

J. Burkhardt Beale (Boone, Beale, Carpenter & Cosby, on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. and Robert H. Anderson, III, Asst. Atty. Gen., on brief) for appellee.

Present: KOONTZ, C.J., and BENTON and COLE, JJ.

BENTON, Judge.

Alexander L. Taylor was convicted of operating a motor vehicle in violation of Code § 18.2-266(i), while having a blood alcohol concentration (BAC) of 0.10 percent or more by weight by volume as indicated by a breath test. He presents two questions on this appeal: (1) whether the trial judge erred in instructing the jury that the test measured the amount of alcohol at the time of the offense; and (2) whether the trial judge abused his discretion...

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