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BROTHERS v. COM.

Record No. 2281-06-4.

650 S.E.2d 874 (2007)

50 Va. App. 468

Robert B. BROTHERS, III v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

October 9, 2007.

Attorney(s) appearing for the Case

Matthew T. Foley, Deputy Public Defender (Office of the Public Defender, on brief), for appellant.

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

Present: Judges CLEMENTS, KELSEY and McCLANAHAN.

JEAN HARRISON CLEMENTS, Judge.

Robert B. Brothers, III, (appellant) was convicted in a jury trial of unreasonable refusal to submit to a breath test, after having been convicted of two predicate offenses within ten years, in violation of Code § 18.2-268.3. On appeal, he contends the trial court erred by instructing the jury that the consent to submit to a breath test is not a qualified or conditional consent and that a person's unwillingness to take the test...

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