Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, August 4, 1995 TAG: 9508040035
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium
The court without comment turned down an expedited hearing request by Virginia Attorney General Jim Gilmore and Henrico County Commonwealth's Attorney Toby Vick. They had asked the court to hear a test case early to put to rest questions about the legality of a new Virginia law.
``We're disappointed by it, but the case will still take its normal route through the judicial system,'' Mark A. Miner, a spokesman in Gilmore's office, said Thursday. ``It's going to take a little longer now, probably a couple of months.''
Gilmore had asked the Virginia Supreme Court to take over the case, bypassing the state appeals court. He said judges have differed on the constitutionality of the new law, and the issue should be resolved by the state's highest court. However, the court rejected the request Monday.
The law, which took effect Jan. 1, calls for the automatic seven-day suspension of the driver's license of anyone arrested for drunken driving. The test case is that of David M. Tench, convicted of drunken driving in Henrico County.
Defense lawyers have had success challenging the law by arguing that revoking a license before a criminal conviction is double jeopardy - being punished twice for the same offense, which is prohibited by the Constitution. Some people whose licenses have been taken away have been acquitted of drunken driving as a result.
The Virginia Court of Appeals, which earlier agreed to hear the case in full, has set an Aug. 14 deadline for Tench's lawyers to file briefs. Gilmore's office must respond within two weeks. Oral arguments are set for Sept. 21.
by CNB