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RAAB v. COM.

Record No. 0972-06-1.

644 S.E.2d 78 (2007)

49 Va. App. 638

George Edward RAAB v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

May 1, 2007.

Attorney(s) appearing for the Case

From the Circuit Court of the City of Virginia Beach, A. Bonwill Shockley, Judge1.

David Michael Good (Anderson & Good, P.C., on brief), Virginia Beach, for appellant.

Rosemary V. Bourne, Assistant Attorney General (Robert F. McDonnell, Attorney General; Karri B. Atwood, Assistant Attorney General, on brief), for appellee.

Present: HUMPHREYS and KELSEY, JJ., and BUMGARDNER, Senior Judge.

D. ARTHUR KELSEY, Judge.

The trial court convicted George Edward Raab of driving under the influence, his third or subsequent offense, in violation of Code § 18.2-266. See also Code § 18.2-270 (codifying recidivism penalty). On appeal, Raab contends the evidence of his guilt should have been suppressed because the arresting officer had no legal basis to detain him in the first place. The trial court disagreed...

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