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SHOEMAKER v. COM.

Record No. 1578-92-4.

441 S.E.2d 354 (1994)

Charles Eugene SHOEMAKER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

March 15, 1994.

Attorney(s) appearing for the Case

Walter F. Green, IV (Green & O'Donnell, on brief), Harrisonburg, for appellant.

Eugene Murphy, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and WILLIS and FITZPATRICK, JJ.

FITZPATRICK, Judge.

Charles Eugene Shoemaker (appellant) was found guilty in a bench trial of driving while intoxicated in violation of Code § 18.2-266. He argues that the trial court erred by failing to dismiss the charge against him after it determined that the results of appellant's independent blood test were unavailable. Because we find that the Commonwealth failed to substantially comply with the requirements...

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