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NELSON v. COM.

Record No. 1275-91-3.

430 S.E.2d 553 (1993)

Robert Gary NELSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 20, 1993.

Attorney(s) appearing for the Case

Gray Robinson (Jackson & Robinson, on brief), for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BENTON, and COLEMAN, JJ.

BENTON, Judge.

Robert Gary Nelson was convicted of operating a motor vehicle while having a blood alcohol concentration of .10 percent in violation of Code § 18.2-266(i). On appeal, Nelson contends that the trial judge misinterpreted Code § 18.2-266(i) by holding (1) that it prohibits driving after consuming sufficient alcohol to register .10 percent or more as indicated by a subsequently administered test, and (2) that a breathalyzer measurement of .10...

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