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State court of last resort · ST-VA-SC
Green v. Commonwealth (ORDER)
No. 191735Supreme Court of Virginia
191735 Green v. Commonwealth (ORDER) 04/15/2021 In a prosecution leading to convictions under Code § 29.1-739.1 for failing to stop a vessel for law enforcement and under Code § 29.1-738.2 for refusing to take…
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191735 Green v. Commonwealth (ORDER) 04/15/2021 In a prosecution leading to convictions under Code § 29.1-739.1 for failing to st…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 15, 2021
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191735 Green v. Commonwealth (ORDER) 04/15/2021 In a prosecution leading to convictions under Code § 29.1-739.1 for failing to stop a vessel for law enforcement and under Code § 29.1-738.2 for refusing to take a breath or blood test after arrest for operating a boat while under the influence of alcohol, the trial court erred by not permitting the defendant to present evidence in support of a challenge to the lawfulness of his arrest on the theory that such objection must be raised by pretrial motion or objection in writing as provided in Code §§ 19.2-266.2(A) and (B). The implied-consent law under Code § 29.1-738.2 applies only when the defendant has been lawfully and timely arrested for on…
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