RAMOS v. COMMONWEALTH

Record No. 0675-98-2.

516 S.E.2d 737 (1999)

30 Va. App. 365

Angel Manuel RAMOS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 27, 1999.


Attorney(s) appearing for the Case

Denis C. Englisby (Englisby & Englisby, on brief), Chesterfield, for appellant.

Marla Graff Decker, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, ELDER and BUMGARDNER, JJ.


BUMGARDNER, Judge.

Angel Manuel Ramos appeals his conviction of driving under the influence, second offense, in violation of Code § 18.2-266. He contends the trial court erred in considering his performance of and statement during field sobriety tests because the police officer had not given Miranda warnings before he administered the tests. We conclude that the defendant was not in custody when he performed the tests, so the officer did not have to give...

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