Simmons v. Commonwealth

This appeal presents the question whether the trial court erred in holding that neither res judicata nor collateral estoppel 1 bars a court from suspending a person’s operator’s license for one year for his refusal to take a blood or breath alcohol test when he has already suffered a seven-day administrative suspension for the same refusal. 2 Finding that the trial court did not err, we will affirm.

The seven-day administrative suspension was made pursuant to Code § 46.2-391.2, which provides in pertinent part that if a person refuses to submit to a breath test in violation of Code §…