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INGRAM v. COM.

Record No. 0873-98-2.

514 S.E.2d 792 (1999)

29 Va. App. 759

Bradford Ramey INGRAM v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 25, 1999.

Attorney(s) appearing for the Case

David M. Gammino, Richmond, for appellant.

H. Elizabeth Shaffer, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, COLEMAN and ELDER, JJ.

ELDER, Judge.

Bradford Ramey Ingram (appellant) appeals from his bench trial conviction for driving under the influence (DUI), second offense, pursuant to Code § 18.2-266. On appeal, he contends the administrative suspension of his license pursuant to Code § 46.2-391.2 was invalid because he did not refuse to take the breath test but rather was prevented from doing so by his asthma. As a consequence, he contends that the suspension was punitive and that...

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