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LUGINBYHL v. COM.

Record No. 1333-04-4.

618 S.E.2d 347 (2005)

46 Va. App. 460

Alan LUGINBYHL, s/k/a Alan Kurt Luginbyhl v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

August 30, 2005.

Attorney(s) appearing for the Case

Michael F. Devine (Devine & Connell, P.L.C., on briefs), for appellant.

Stephen R. McCullough, Assistant Attorney General (Jerry W. Kilgore, Attorney General; Judith Williams Jagdmann, Attorney General, on briefs), for appellee.

Present: BENTON and HALEY, JJ., and ANNUNZIATA, Senior Judge.

ROSEMARIE ANNUNZIATA, Senior Judge.

Alan Luginbyhl was charged with and convicted of driving while intoxicated (DWI) pursuant to Code § 18.2-266. On appeal, he contends his conviction should be reversed because the trial court erred in admitting into evidence a certificate of blood alcohol analysis based on the result obtained from a breath test. Specifically, he argues that admission of the document violated his rights...

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