Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, July 13, 1995 TAG: 9507130076
SECTION: MISCELLANEOUS PAGE: C-4 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
Judges have differed on whether the administrative license-suspension law violates suspects' due process rights and amounts to double jeopardy. Gilmore said a ruling from the state's highest court is needed so ``the matter may be laid to rest.''
Under the law, which took effect Jan. 1, the license of anyone arrested for drunken driving immediately is revoked for seven days. Further penalties can be imposed after a trial.
According to the Department of Motor Vehicles, 13,013 licenses had been suspended under the new law as of Tuesday.
The General Assembly passed the law over objections of critics who said it violates the principle that a person is innocent until proven guilty. Supporters of the law said similar statutes had been upheld in other states.
In papers filed Monday, Gilmore asked the Supreme Court to take jurisdiction of an appeal by David Tench, who was convicted of DUI in Henrico County. Tench has appealed to the Virginia Court of Appeals.
State law allows the Supreme Court to take charge of an appeal if it determines that the case ``is of such imperative public importance as to justify the deviation from normal appellate practice.''
Said Gilmore, ``This is just such a case.''
Gilmore told reporters Wednesday that bypassing the appeals court could shave months off the process.
``We think it's imperative to get the case into the Supreme Court of Virginia and get a ... ruling on it at the earliest possible moment,'' Gilmore said.
He said in his motion that conflicting decisions in circuit courts ``have led not just to massive confusion in the prosecution of drunk driving cases, but also to forum shopping where judges within the same judicial circuits have disagreed among themselves.''
Gilmore said that every time the law is successfully challenged, other DUI prosecutions in that jurisdiction are jeopardized, ``thus improperly permitting those guilty of drunk driving to go free to further risk the lives of the commonwealth's safe drivers.''
A legislator who sponsored the administrative suspension bill and Tench's lawyer agreed that taking the matter directly to the Supreme Court is a good idea.
``I have no objection to it,'' said attorney Theresa Rhinehart, who represents Tench.
``The earlier there is a definitive ruling, the better the public will be served,'' said Del. James Almand, D-Arlington.
Almand said ``the vast majority'' of Virginia courts have upheld the law, and he remains unswayed by critics' arguments that it tramples on suspects' constitutional rights.
Rhinehart offered a different view.
``The seven-day suspension is a form of punishment,'' she said. ``If there are two punishments, that violates the double jeopardy clause.''
by CNB