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BENNETT v. COM.

Record No. 0925-98-2.

533 S.E.2d 22 (2000)

33 Va. App. 335

Allen Dale BENNETT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 29, 2000.

Attorney(s) appearing for the Case

William J. Doran, III (Chaplin, Papa & Gonet, on brief), Richmond, for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., BENTON, COLEMAN, ELDER, BRAY, BUMGARDNER and HUMPHREYS, JJ., and COLE, Senior Judge.

UPON A REHEARING EN BANC

COLE, Senior Judge.

Appellant, Allen Dale Bennett, appeals his conviction of operating a motor vehicle under the influence of alcohol with two prior convictions within ten years, in violation of Code § 18.2-266. He contends the trial court erred (1) in refusing to decide whether the Commonwealth complied with Code § 18.2-268.2, pertaining to the administration of a breath test to determine his blood alcohol content, and...

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