Commonwealth v. Shifflett

Albemarle County Circuit Court

Commonwealth v. Shifflett

37 Va. Cir. 249, 1995 Va. Cir. LEXIS 1082

DecidedSeptember 18, 1995

StatusPublished

This text of 37 Va. Cir. 249 (Commonwealth v. Shifflett) is published on Counsel Stack Legal Research, covering Albemarle County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Shifflett, 37 Va. Cir. 249, 1995 Va. Cir. LEXIS 1082 (Va. Super. Ct. 1995).

Pincite

Opinion

By Judge Paul M. Peatross, Jr.

These cases came to be heard on August 29, 1995, on the plea in bar alleging double jeopardy based on the administrative license suspension being a punishment and a separate proceeding which would bar later prosecution for driving under the influence of alcohol.

The Court has reviewed the authorities in this case and other cases before the Court on whether or not the administrative suspension of defendants’ drivers license pursuant to § 46.2-391.2 of the Code constitutes a punishment and a separate proceeding. After a careful review of the authorities, this Court is of the opinion that the administrative suspension [250]*250does constitute a punishment and is a separate proceeding from the prosecution for driving under the influence of alcohol.

Accordingly, the pleas in bar are sustained due to double jeopardy.

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By Judge Paul M. Peatross, Jr.

These cases came to be heard on August 29, 1995, on the plea in bar alleging double jeopardy based on the administrative license suspension being a punishment and a separate proceeding which would bar later prosecution for driving under the influence of alcohol.

The Court has reviewed the authorities in this case and other cases before the Court on whether or not the administrative suspension of defendants’ drivers license pursuant to § 46.2-391.2 of the Code constitutes a punishment and a separate proceeding. After a careful review of the authorities, this Court is of the opinion that the administrative suspension [250]*250does constitute a punishment and is a separate proceeding from the prosecution for driving under the influence of alcohol.

Accordingly, the pleas in bar are sustained due to double jeopardy.

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Bluebook (online)

37 Va. Cir. 249, 1995 Va. Cir. LEXIS 1082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-shifflett-vaccalbemarle-1995.