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U.S. v. JERGE

Crim. No. 90-00132-A.

738 F.Supp. 181 (1990)

UNITED STATES of America v. Jeffrey JERGE.

United States District Court, E.D. Virginia, Alexandria Division.

June 6, 1990.

Attorney(s) appearing for the Case

Keith A. Palzer, Sp. Asst. U.S. Atty., Alexandria, Va., for plaintiff.

R. Stanley Powell, Alexandria, Va., for defendant.

MEMORANDUM OPINION

CACHERIS, District Judge.

This appeal questions the extent to which a citizen, stopped for suspicion of driving while under the influence of alcohol, has the right to choose, pursuant to 18 U.S.C. § 3117, the form of chemical test to be administered by a police officer.1

I

On January 14, 1990, the defendant, Jeffrey Jerge ("Jerge"), was arrested...

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