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JONES v. COM.

Record No. 090727.

688 S.E.2d 269 (2010)

Ronald Lee JONES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 15, 2010.

Attorney(s) appearing for the Case

J. Burkhardt Beale (Boone, Beale, on brief), Woodbridge, for appellant.

Susan M. Harris, Asst. Atty. Gen. (William C. Mims, Atty. Gen., on brief), for appellee.

Amicus Curiae: Virginia Ass'n of Criminal Defense Lawyers, Marvin D. Miller, Alexandria (John R. Maus, Louisa, on brief), in support of appellant.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, GOODWYN, JJ., and LACY, S.J.

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, we review a defendant's conviction for unreasonably refusing to submit to a blood or breath test after being arrested for driving under the influence of alcohol. We decide 1) whether a court may consider a defendant's refusal to participate in "field sobriety tests"1 as evidence in determining whether the police had probable cause to arrest the defendant for driving under the influence...

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