Commonwealth v. Stump

By Judge Jonathan M. Apgar

These matters are before this Court on Defendant’s de novo appeal from his conviction in Roanoke City General District Court for driving under the influence of alcohol (“DUI”) in violation of Va. Code § 18.2-266. Defendant has filed a motion to dismiss this charge on the ground that the administrative suspension of his license for sixty days, pursuant to Va. Code § 46.2-391.2, renders a subsequent DUI prosecution and any associated criminal penalties violative of the Double Jeopardy clauses of the United States and Virginia Constitutions; U.S. Const., amend. V, cl.…