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BRISTOL v. COM.

Record No. 1477-04-1.

625 S.E.2d 676 (2006)

47 Va. App. 584

Joshua BRISTOL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

January 31, 2006.

Attorney(s) appearing for the Case

Timothy V. Anderson (Anderson & Good, P.C., on brief), Virginia Beach, for appellant.

Josephine F. Whalen, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on briefs), for appellee.

Present: FITZPATRICK, C.J., BENTON, ELDER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY, McCLANAHAN, HALEY, JJ., and BUMGARDNER, Retired Judge.

UPON A REHEARING EN BANC

JEAN HARRISON CLEMENTS, Judge.

Joshua Bristol was convicted in a bench trial of driving under the influence of alcohol, in violation of Code § 18.2-266, and maiming another person while driving under the influence of alcohol, in violation of Code § 18.2-51.4. At trial, the Commonwealth introduced into evidence a certificate of blood analysis to establish a rebuttable presumption that Bristol was intoxicated at the time...

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