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RILEY v. COM.

Record No. 080920.

675 S.E.2d 168 (2009)

Brian Patrick RILEY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 17, 2009.

Attorney(s) appearing for the Case

James C. Clark (F. Andrew Carroll III; Land, Clark, Carroll, Mendelson & Blair, on brief), for appellant.

Eugene Murphy, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

Brian Patrick Riley was convicted in a bench trial in the Circuit Court of the City of Alexandria of driving while intoxicated in violation of Code § 18.2-266 and maiming another person as a result of driving while intoxicated in violation of Code § 18.2-51.4. The primary issue in this appeal is whether Riley met his burden to present evidence sufficient to establish the affirmative defense of unconsciousness predicated...

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