THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, July 20, 1995 TAG: 9507200435
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Short : 34 lines
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 James S. Gilmore III 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 drunk 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.
Some judges have agreed with the double-jeopardy argument, but others have upheld the law.
KEYWORDS: DRUNKEN DRIVING by CNB