THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, August 4, 1995 TAG: 9508040491
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Short : 30 lines
The Virginia Supreme Court has refused to grant an early hearing for a drunken driving case stemming from a dispute over the revocation of drivers' licenses for people accused of drunken driving.
The court without comment turned down an expedited hearing request by Virginia Attorney General James Gilmore III and Henrico County Commonwealth's Attorney Toby Vick.
Gilmore had asked the Virginia Supreme Court to take over the case, bypassing the state appeals court. 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 - the constitutional ban against being punished twice for the same offense. by CNB