
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, July 20, 1995                   TAG: 9507200063
SECTION: VIRGINIA                    PAGE: C-2   EDITION: NEW RIVER VALLEY 
SOURCE: 
DATELINE: RICHMOND                                LENGTH: Short

APPEALS COURT SPEEDS HEARING OF DUI CHALLENGE

The full Virginia Court of Appeals has agreed to hear a challenge of a new drunken-driving law on an expedited basis, a spokesman for Attorney General Jim Gilmore said Wednesday.

Don Harrison said the state appeals court set an Aug. 14 deadline for David Tench's lawyers to file briefs. Gilmore's office must respond within two weeks. Oral arguments are set for Sept. 21.

Tench was convicted of drunken driving in Henrico County. He is challenging a law that automatically suspends for seven days the driver's license of anyone arrested for drunken driving. The ``administrative license suspension'' law took effect Jan. 1.

The law has been challenged on grounds that an immediate license suspension followed by penalties for a drunken-driving conviction violates the constitutional ban against being punished twice for the same offense.

Gilmore last week asked the Virginia Supreme Court to take over the case, bypassing the state appeals court. Gilmore said judges have differed on the constitutionality of the new law, and the issue should be resolved by the state's highest court. Harrison said Gilmore's request is still pending.

- Associated Press

Memo: NOTE: Shorter version ran in Metro edition.

by CNB