THOMAS v. COM.

Record No. 1291-95-2.

473 S.E.2d 87 (1996)

22 Va. App. 735

Ulysses Lavanda THOMAS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 30, 1996.


Attorney(s) appearing for the Case

Michael S. Ewing, Richmond (Rawlings & Wood, on brief), for appellant.

Eugene Murphy, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BENTON, WILLIS and ELDER, JJ.


BENTON, Judge.

Ulysses L. Thomas was convicted of driving after having been declared an habitual offender, Code § 46.2-357, and of refusal to permit blood or breath samples to be taken for alcohol tests, Code § 18.2-268.3. He contends that the convictions should be reversed because the evidence of his guilt was obtained as a result of an unlawful stop. We agree as to the conviction for violating Code § 46.2-357 and reverse that conviction. However,...

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