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TALLEY v. COM.

Record No. 2182-91-2.

431 S.E.2d 65 (1993)

Elizabeth Ann TALLEY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 8, 1993.

Attorney(s) appearing for the Case

Richard O. Gates, Chesterfield, for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Oliver L. Norrell, III, Asst. Atty. Gen., on brief), for appellee.

Present: BENTON and ELDER, JJ., and COLE, Retired Judge.

ELDER, Judge.

Elizabeth Ann Talley appeals from her conviction for driving under the influence in violation of Code § 18.2-266. On appeal, she argues that the trial court erred in holding that the blood test she requested was unavailable within the meaning of Code § 18.2-268. For the reasons set forth below, we affirm appellant's conviction.

I.

At 12:49 a.m. on June 6, 1991, Deputy Mootz of the Powhatan County Sheriff's Department observed...

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