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SPROUSE v. COM.

Record No. 2515-07-2.

673 S.E.2d 481 (2009)

53 Va. App. 488

Beverly Dandridge SPROUSE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

March 4, 2009.

Attorney(s) appearing for the Case

(Steven Shareff, on brief), for appellant. Appellant submitting on brief.

Richard B. Smith, Special Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: ELDER, HUMPHREYS and POWELL, JJ.

HUMPHREYS, Judge.

Beverly Dandridge Sprouse ("Sprouse") appeals his conviction for driving under the influence, his third within ten years, in violation of Code § 18.2-266. On appeal, Sprouse contends that, because he was not arrested within three hours of the offense, the certificate of analysis used to convict him was not admissible pursuant to Virginia's implied consent law. Sprouse further contends that, absent the certificate of analysis, the evidence is...

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