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ROZARIO v. COM.

Record No. 1433-05-2.

647 S.E.2d 502 (2007)

50 Va. App. 142

Anselmo M. ROZARIO v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 24, 2007.

Attorney(s) appearing for the Case

John L. Squires (Nachman & Squires, LLP, on briefs), for appellant.

Josephine F. Whalen, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FELTON, C.J., BENTON, ELDER, FRANK, HUMPHREYS, CLEMENTS, KELSEY, McCLANAHAN, HALEY, PETTY and BEALES, JJ.

UPON REHEARING EN BANC

RANDOLPH A. BEALES, Judge.

Anselmo M. Rozario (appellant) was convicted by the Chesterfield County Circuit Court, sitting as the fact finder, of contempt of court under Code § 18.2-456.1 He argues that the trial court should not have considered the results of an Alcosensor test as evidence that he appeared intoxicated before the trial court. He also argues that, if the Alcosensor test results were...

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