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State court of last resort · ST-VA-SC
Kim v. Commonwealth (Corrected)
No. 160665Supreme Court of Virginia
160665 Kim v. Commonwealth (Corrected) 04/13/2017 In a case charging unlawful refusal to submit to a blood alcohol breath test, after the Commonwealth initially offered proof of public access to the roads of a…
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160665 Kim v. Commonwealth (Corrected) 04/13/2017 In a case charging unlawful refusal to submit to a blood alcohol breath test, a…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- April 13, 2017
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160665 Kim v. Commonwealth (Corrected) 04/13/2017 In a case charging unlawful refusal to submit to a blood alcohol breath test, after the Commonwealth initially offered proof of public access to the roads of a private apartment complex where defendant's car was located, creating a presumption that this "way" was a public highway under Code § 46.2-100, the trial court failed to give proper consideration to defendant's proof regarding "No Trespassing" signs posted at every vehicular entrance to the complex, and erred in focusing on the fact that no one has ever been prosecuted for trespassing on the apartment complex roadways. A general restriction on public access is sufficient to rebut the…
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