ROANOKE TIMES

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

DATE: THURSDAY, July 20, 1995                   TAG: 9507200073
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Medium


IN VIRGINIA

Full court speeds DUI challenge

RICHMOND - 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

Pet cobra sends owner to hospital

FAIRFAX - A man bitten twice by a pet cobra was in serious condition, police and hospital officials said Wednesday.

The 28-year-old man from Prince William County kept about a dozen exotic snakes, which are illegal in the county, Prince William police spokesman Barry Bernard said.

Police planned to raid the house and remove the snakes, Bernard said.

The victim, whose name has not been released, was reluctant to tell doctors at Potomac Hospital what had happened. But when it was clear the man suffered serious snakebites, he was rushed to Fairfax Hospital, and doctors arranged for special serum used to treat the bites to be flown in from the Baltimore Zoo.

He was admitted in critical condition and was placed on life-support equipment. Later in the day, his condition was upgraded to serious. Fairfax Hospital spokeswoman Jane Albright said the man was responding well to the anti-venin serum.

Two years ago, two other Prince William men were seriously bitten by exotic snakes in separate incidents a few weeks apart.

Cobra bites are rare, but can be deadly within a few hours if untreated. The snakes inject a venom that paralyzes internal organs, especially the lungs.

- Associated Press

Suspect treated for starvation try

WINCHESTER - A woman suspected in the death of her 12-year-old daughter is being treated at a psychiatric hospital for what authorities believe is her attempt to starve herself to death.

Wanda Smelser, who was charged with first-degree murder in the slaying of her daughter Valerie, is being treated at Western State Hospital in Staunton, defense attorney William Crane said.

Crane, a public defender, said Smelser had lost ``a significant amount of weight'' in the last few weeks. He said he filed a motion in Frederick County Juvenile and Domestic Relations Court to send Smelser off for treatment.

Smelser, 43, and her boyfriend, Norman Hoverter, 50, were accused in the girl's death after authorities discovered Valerie's naked and emaciated body along a highway in January.

Hoverter is scheduled to stand trial on Aug. 28. Smelser's case has been on hold pending a psychiatric evaluation, and she has not been indicted. She and Hoverter are being held on $200,000 bond each.

- Associated Press



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