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YAP v. COM.

Record No. 0903-06-4.

643 S.E.2d 523 (2007)

49 Va. App. 622

Edward YAP v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 24, 2007.

Attorney(s) appearing for the Case

Corinne J. Magee (The Magee Law Firm, on brief), Mclean, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FRANK and CLEMENTS JJ., and FITZPATRICK, S.J.

FRANK, Judge.

Edward Yap, appellant, was convicted, in a bench trial, of driving under the influence, in violation of Code § 18.2-266.1 On appeal, he contends: (1) the trial court erred in denying his motion to dismiss his indictment because the district court did not have good cause to grant the Commonwealth's motion to nolle prosse his charge; (2) the presumption contained in Code § 18.2-266, as interpreted by this Court...

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