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PEARSON v. COM.

Record No. 0225-03-1.

597 S.E.2d 269 (2004)

43 Va.App. 317

Donald E. PEARSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

June 8, 2004.

Attorney(s) appearing for the Case

(Patrick D. Kelley, on brief), Norfolk, for appellant. Appellant submitting on brief.

Kathleen B. Martin, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: ELDER, CLEMENTS and FELTON, JJ.

JEAN HARRISON CLEMENTS, Judge.

Donald E. Pearson was convicted in a bench trial of driving under the influence of alcohol, second offense, in violation of Code § 18.2-266. On appeal, he contends the trial court erred in admitting a certificate of blood analysis because, in having him take a blood test rather than a breath test, the arresting officer failed to comply with Virginia's implied consent law. Finding no error, we affirm Pearson's conviction.

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