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KIM v. COMMONWEALTH

Record No. 160665.

797 S.E.2d 766 (2017)

Matthew Alexander KIM v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 13, 2017.

Attorney(s) appearing for the Case

David Bernhard , Falls Church ( Patrick M. Blanch , Fairfax; Cheryl E. Gardner , Falls Church; Zinicola, Blanch & Overrand; Bernhard & Gardner, on brief), for appellant.

Virginia B. Theisen , Senior Assistant Attorney General ( Mark R. Herring , Attorney General, on brief), for appellee.

PRESENT: All the Justices.

Matthew Alexander Kim ("Kim") appeals the trial court's judgment that he unreasonably refused to submit a breath sample in violation of Code § 18.2-268.3 because, according to Kim, he was on a private road that did not fall within the definition of a "highway" provided by Code § 46.2-100 at the time he...

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