LEMOND v. COM.

Record No. 0884-93-2.

454 S.E.2d 31 (1995)

Karen Sue LEMOND v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 21, 1995.


Attorney(s) appearing for the Case

J. Burkhardt Beale, W. Edward Riley, IV (Boone, Beale, Carpenter & Cosby, on brief), Richmond, for appellant.

Kathleen B. Martin, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: BAKER, BENTON, JJ., and COLE, Senior Judge.


COLE, Senior Judge.

Karen Sue Lemond was convicted of driving under the influence of alcohol, second offense. See Code §§ 18.2-266 and 18.2-270. On appeal, she contends: (1) that the trial court erred in failing to suppress her breath test results from the Intoximeter 3000 because it did not perform a "chemical analysis" as required by Code § 18.2-268.9; (2) that the trial court erred in granting a jury instruction stating that the breath test...

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