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Weinbender v. Commonwealth11/20/1990
8 Va. App. 291, 298, 381 S.E.2d 11, 15 (1989). Because the Commonwealth could not have proved its case under § 18.2-266(i) without the test results, Weinbender's conviction cannot stand.
For these reasons, I would reverse the decision of the trial court in this case and remand for a new trial, if the Commonwealth be so advised.
Dissent Footnotes
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