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D'AMICO v. COM.

Record No. 130549.

754 S.E.2d 291 (2014)

Paul J. D'AMICO v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 27, 2014.

Attorney(s) appearing for the Case

Beverly M. Davis (Davis, Davis & Davis, on briefs), Radford, for appellant.

Elizabeth C. Kiernan , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

PRESENT: All the Justices.

Opinion by Justice ELIZABETH A. McCLANAHAN.

The circuit court found Paul J. D'Amico guilty of unreasonably refusing to submit to a breath test in violation of Code § 18.2-268.3. On appeal, D'Amico contends the circuit court erroneously admitted into evidence the arresting officer's "Declaration and Acknowledgment of Refusal" form required by subsections B and C of the statute. D'Amico also challenges the circuit court's denial of his motion to strike the Commonwealth...

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