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BROWN-FITZGERALD v. COM.

Record No. 2490-06-4.

656 S.E.2d 422 (2008)

51 Va. App. 232

Cheryl BROWN-FITZGERALD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

February 5, 2008.

Attorney(s) appearing for the Case

Scott A. Surovell (Surovell Markle Isaacs & Levy, PLC, on briefs), Fairfax, for appellant.

Benjamin H. Katz, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: McCLANAHAN and PETTY, JJ., and FITZPATRICK, Senior Judge.

ELIZABETH A. McCLANAHAN, Judge.

Cheryl Brown-Fitzgerald appeals her conviction of driving while under the influence of alcohol. On appeal, she argues the trial court erred in refusing to dismiss her case contending she was denied a breath test in violation of the implied consent statute. We affirm the trial court.

I. BACKGROUND

Officer Richard Mukherjee of the Fairfax County Police Department arrested Brown-Fitzgerald for driving while intoxicated...

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