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RIX v. COM.

Record No. 1424-09-1.

697 S.E.2d 33 (2010)

56 Va. App. 749

Ellen Marie RIX v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

August 17, 2010.

Attorney(s) appearing for the Case

Michael J. Woods (Michael J. Woods, P.C., on brief), Chesapeake, for appellant.

John W. Blanton, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: KELSEY, McCLANAHAN and HALEY, JJ.

McCLANAHAN, Judge.

Ellen Marie Rix appeals from her convictions in a bench trial for driving or operating a motor vehicle while under the influence of alcohol and refusal to take a blood or breath test, both second offenses. Rix argues the evidence was insufficient to support her convictions because she did not drive or operate a motor vehicle within the meaning of the DUI statute. Disagreeing with her arguments, we affirm the judgment of the trial court.

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