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KOZMINA v. COM.

Record No. 092395.

706 S.E.2d 860 (2011)

Anastasia KOZMINA v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 4, 2011.

Attorney(s) appearing for the Case

Carlos E. Wall ; David Bernhard (Bernhard & Gardner, Falls Church, on briefs), for appellant.

Robert H. Anderson III , Senior Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and KOONTZ, S.J.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred by denying the defendant's motion to disqualify the Commonwealth's Attorney from prosecuting a charge of first-offense refusal to take a breath test in violation of Code § 18.2-268.3.

I. Facts and Proceedings Below

Anastasia Kozmina ("Kozmina") was tried and found guilty by the Fairfax County General District Court for refusal of a breath test in violation...

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