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CHARLES v. COM.

Record No. 2180-94-2.

474 S.E.2d 860 (1996)

23 Va. App. 161

Scott Allen CHARLES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

September 10, 1996.

Attorney(s) appearing for the Case

G. Barton Chucker, Richmond (Chucker & Reibach, on brief), for appellant.

Steven A. Witmer, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present MOON, C.J., and BAKER, BENTON, COLEMAN, WILLIS, ELDER, BRAY, FITZPATRICK and OVERTON, JJ.

ELDER, Judge.

Scott Allen Charles (appellant) appeals his conviction for operating a motor vehicle after illegally consuming alcohol under the age of twenty-one, in violation of Code § 18.2-266.1. Appellant contends: (1) the trial court erred in finding that his blood alcohol test, administered one hour after his arrest, established a presumption of his blood alcohol content when he was operating his motor vehicle; (2) the trial court improperly denied his proffer...

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