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BARRETT v. COM.

Record No. 941711.

462 S.E.2d 109 (1995)

Jeter Ray BARRETT v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 15, 1995.

Attorney(s) appearing for the Case

R. Michael McKenney, Warsaw (Smith, Murphy & Taliaferro, on brief), for appellant.

Marla Lynn Graff, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, WHITING, LACY, HASSELL and KEENAN, JJ.

WHITING, Justice.

Jeter Ray Barrett appeals his conviction for operating a motor vehicle while under the influence of intoxicants (DUI). The dispositive issue is the admissibility of evidence of Barrett's intoxication discovered during a brief police stop to investigate whether Barrett's vehicle was malfunctioning.

State Trooper J.R. Lyons testified that while he was travelling west on Route 360 in Northumberland County at 9:20 p.m. on October 2, 1991, he...

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